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VILLA v. ARMSTRONG

2013-10517, Index No. 1498/12.

119 A.D.3d 552 (2014)

987 N.Y.S.2d 914

2014 NY Slip Op 4917

KATHERINE VILLA, Individually and as Mother and Natural Guardian of JOEL VILLA-FUENTES, an Infant, Respondent, v. PAULA ARMSTRONG, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 2, 2014.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated October 8, 2013, which denied her motion for summary judgment dismissing the complaint on the ground that the plaintiff's son did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.

Ordered that the order...

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