BALDAUF v. GAMBINO

968 CA 19-00720.

177 A.D.3d 1307 (2019)

111 N.Y.S.3d 773

2019 NY Slip Op 08043

Matthew Baldauf et al., Respondents, v. Michael Gambino, Appellant.

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

Decided November 8, 2019.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the cross motion and granting the motion in part and dismissing the complaint, as amplified by the amended bill of particulars, with respect to the 90/180-day category of serious injury within the meaning of Insurance Law § 5102(d), and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries allegedly...

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