LEONG v. DEFURIA

2015-06423, Index No. 1385/13.

138 A.D.3d 937 (2016)

28 N.Y.S.3d 621

2016 NY Slip Op 02969

SIMON LEONG, Appellant, et al., Plaintiff, v. OTTO DEFURIA, JR., Respondent.

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

Decided April 20, 2016.


In an action to recover damages for personal injuries, the plaintiff Simon Leong appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated May 7, 2015, which granted the defendant's motion for summary judgment dismissing the complaint insofar as asserted by him 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.

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