POLLET v. CHARYN

2019-07033. Index No. 608806/16.

200 A.D.3d 728 (2021)

159 N.Y.S.3d 92

2021 NY Slip Op 06715

Leigh Pollet, Appellant-Respondent, v. Jillian Charyn et al., Respondents-Appellants.

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

Decided December 1, 2021.


Attorney(s) appearing for the Case

Bergman, Bergman, Fields & Lamonsoff, LLP, Hicksville, NY ( Michael E. Bergman , Amit Sondhi , Julie T. Mark , and Clifford Gabel of counsel), for appellant-respondent.

Kelly, Rode and Kelly, LLP, Mineola, NY ( Eric P. Tosca of counsel), for respondents-appellants.

Austin, J.P., Hinds-Radix, Duffy and Connolly, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, and those branches of the defendants' motion which were for summary judgment dismissing so much of the complaint as alleged that the plaintiff sustained serious injuries to his shoulders and chest and the cervical and lumbar regions of his spine, and under the 90/180-day category within the meaning of Insurance Law § 5102(d) as a result of the subject accident is denied; and it is further,

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