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DEVITO v. ANATRA

2019-01736. Index No. 603776/17.

189 A.D.3d 1175 (2020)

134 N.Y.S.3d 237

2020 NY Slip Op 07544

Lucille K. Devito, Appellant, v. Danielle Ann Anatra, Respondent.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Brian J. Levy & Associates, PLLC ( Mitchell Dranow , Sea Cliff, NY, of counsel), for appellant.

Penino & Moynihan, LLP, White Plains, NY ( Henry L. Liao of counsel), for respondent.

Roman, J.P., Duffy, Barros and Connolly, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries that she allegedly sustained in a motor vehicle accident that occurred on August 29, 2016. Thereafter, 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...

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