EPSTEIN v. MTA LONG IS. BUS

2015-08731. Index No. 14563/09.

161 A.D.3d 821 (2018)

75 N.Y.S.3d 532

2018 NY Slip Op 03336

Bonnie Epstein, Appellant, v. MTA Long Island Bus et al., Respondents.

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

Decided May 9, 2018.


Ordered that the order dated June 29, 2015, is reversed insofar as appealed from, on the law, with costs, that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint on the ground that the plaintiff failed to plead that she sustained a serious injury within the meaning of Insurance Law § 5102 (d) is denied, and upon renewal, the determination in the order dated September 20, 2011, denying the defendants' motion for summary judgment...

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