FABIAN v. COUNTY OF SUFFOLK

2017-00393. Index No. 61164/13.

165 A.D.3d 1041 (2018)

84 N.Y.S.3d 380

2018 NY Slip Op 07093

Jose R. Fabian, Appellant, et al., Plaintiff, v. County of Suffolk et al., Respondents.

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

Decided October 24, 2018.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs, Jose R. Fabian and Cindy Membreno, commenced this action to recover damages for personal injuries they each allegedly sustained in a motor vehicle accident that occurred on November 28, 2012, in Suffolk County. The defendants moved for summary judgment dismissing the complaint on the ground that each plaintiff did not sustain a serious...

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