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CUBERO v. VENDITTI

2018-09213. Index No. 10694/16.

178 A.D.3d 769 (2019)

111 N.Y.S.3d 905

2019 NY Slip Op 08819

Esperanza E. Cubero, Appellant, v. John Venditti et al., Respondents.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Terilli & Tintle, PLLC (Sweetbaum & Sweetbaum, Lake Success, NY [ Marshall D. Sweetbaum and Brian Daly ], of counsel), for appellant.

Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn, NY ( Robert D. Grace of counsel), for respondents.

Rivera, J.P., Balkin, Roman and Barros, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained in a motor vehicle accident on May 5, 2016. The defendants 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...

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