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MARTINEZ v. CITY OF BUFFALO

254 CA 16-01395.

149 A.D.3d 1469 (2017)

2017 NY Slip Op 03283

53 N.Y.S.3d 419

JACOB MARTINEZ, Appellant-Respondent, v. CITY OF BUFFALO et al., Respondents-Appellants.

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

Decided April 28, 2017.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the second ordering paragraph and by denying plaintiff's motion with respect to the 90/180-day category of serious injury, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he was struck by a snowplow while he was operating his...

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