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CANNER v. DIAMOND

2017-05815. Index No. 603434/15.

187 A.D.3d 1127 (2020)

131 N.Y.S.3d 574

2020 NY Slip Op 06091

James Canner, Appellant, v. Roger Diamond, Respondent.

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

Decided October 28, 2020.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries that he allegedly sustained when he was struck by a vehicle while he was riding a bicycle on June 3, 2012. 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 subject accident. The Supreme Court...

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