HOROWITZ v. SANTIAGO

2019-09814, Index No. 524720/17.

2022 NY Slip Op 02253

PINCUS D. HOROWITZ, Appellant, v. HERMINIO SANTIAGO, Respondent, ET AL., Defendant.

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

Decided April 6, 2022.


Attorney(s) appearing for the Case

Jennifer S. Adams , Lake Success, NY ( Rodney Mohammed of counsel), for respondent.

William Pager , Brooklyn, NY, for appellant.

Before: Robert J. Miller, J.P., Joseph J. Maltese, Joseph A. Zayas, William G. Ford, JJ.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Edgar G. Walker, J.), dated August 2, 2019. The order granted the motion of the defendant Herminio Santiago for summary judgment dismissing the complaint insofar as asserted against him 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.

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