SCARINCIO v. CERILLO

531118.

195 A.D.3d 1266 (2021)

2021 NY Slip Op 03887

Travis M. Scarincio, Appellant, v. Sarah K. Cerillo, Respondent.

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

Decided June 17, 2021.


Attorney(s) appearing for the Case

Brian Lee Law Firm, PLLC, Saratoga Springs ( James A. Lombardo of Horigan, Horigan, Lombardo, PC, Amsterdam, of counsel), for appellant.

Hurwitz & Fine, PC, Buffalo ( Brian M. Webb of counsel), for respondent.

Egan Jr., Lynch and Colangelo, JJ., concur.


Plaintiff commenced this negligence action to recover for injuries he sustained in a June 2016 motor vehicle collision. Following discovery, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff failed to suffer a serious injury (see Insurance Law § 5102[d]). Supreme Court granted defendant...

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