MARTELL v. SILVA

2015-03308, Index No. 150404/13.

138 A.D.3d 791 (2016)

28 N.Y.S.3d 338

2016 NY Slip Op 02781

HENRY MARTELL, Respondent, et al., Plaintiff, v. CARLOS ALBERTO SILVA et al., Appellants.

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

Decided April 13, 2016.


In an action, inter alia, to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Richmond County (Dollard, J.), dated January 30, 2015, which denied their motion for summary judgment dismissing the complaint insofar as asserted by the plaintiff Henry Martell on the ground that he 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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