WALKER v. MINER

2017-07239, Index No. 3848/12.

175 A.D.3d 1591 (2019)

106 N.Y.S.3d 907

2019 NY Slip Op 06820

Beverly Walker, Respondent, v. Ian M. Miner, Appellant.

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

Decided September 25, 2019.


Attorney(s) appearing for the Case

Abamont and Associates (Law Office of David S. Klausner PLLC, White Plains, NY [ Stephen Slater ], of counsel), for appellant.

Stuart R. Shaw , New York, NY, for respondent.

Austin, J.P., Leventhal, Roman and Miller, JJ., concur.


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

The plaintiff commenced this action, inter alia, to recover damages for personal injuries that she allegedly sustained in a motor vehicle collision. The defendant moved for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the accident. In an order dated April 4, 2017,...

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