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FLOOD v. FILLAS

2017-10641, Index No. 701817/15.

172 A.D.3d 1175 (2019)

98 N.Y.S.3d 865

2019 NY Slip Op 03955

Denise C. Flood et al., Respondents, v. Elias Fillas, Appellant.

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

Decided May 22, 2019.

Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action, inter alia, to recover damages for personal injuries allegedly sustained by the plaintiff Denise C. Flood (hereinafter the injured plaintiff) in a motor vehicle accident on June 26, 2014. The defendant moved for summary judgment dismissing the complaint on the ground that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as...

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