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PAWOOR KIM v. XIN CHEN

2019-09055. Index No. 13760/15.

189 A.D.3d 1061 (2020)

133 N.Y.S.3d 853

2020 NY Slip Op 07390

Pawoor Kim, Appellant, v. Xin Chen, Respondent.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Sacco & Fillas, LLP, Astoria, NY ( U. William Sung of counsel), for appellant.

Baker, McEvoy & Moskovits, P.C. ( Marjorie E. Bornes , Brooklyn, NY, of counsel), for respondent.

Chambers, J.P., Cohen, LaSalle and Iannacci, JJ., concur.

Ordered that the order entered April 25, 2019, is affirmed, with costs.

On November 17, 2015, the plaintiff commenced this action to recover damages for personal injuries that he allegedly sustained in a motor vehicle accident. By notice of motion dated April 27, 2017, 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...

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