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PERDOMO v. CITY OF NEW YORK

15496, 310058/11

129 A.D.3d 585 (2015)

12 N.Y.S.3d 60

2015 NY Slip Op 05404

CONNIE PERDOMO et al., Plaintiffs, NAIXSHA M., an Infant by Her Mother and Natural Guardian, WENDY D., Appellant, v. CITY OF NEW YORK et al., Defendants, RAFAEL CONTIN et al., Respondents.

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

Decided June 23, 2015.

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered May 6, 2014, which, to the extent appealed from as limited by the briefs, granted the motion of Rafael Contin and Mari Mora-Martinez for summary judgment dismissing infant plaintiff Naixsha M.'s claims against all defendants due to her inability to demonstrate a serious injury to her right knee or cervical spine within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, to deny...

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