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TRAN v. MUELLER

2019-07435. Index No. 611224/15.

204 A.D.3d 860 (2022)

164 N.Y.S.3d 504

2022 NY Slip Op 02448

Binhlan Tran, Appellant, v. Glen Mueller, Respondent.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Dell & Dean, PLLC ( Joseph G. Dell and Mischel & Horn, P.C., New ork, NY [ Scott T. Horn and Christen Giannaros ], of counsel), for appellant.

Gentile & Tambasco ( Jon M. Kessel and James G. Bilello , Hicksville, NY [ Jill Dabrowski ], of counsel), for respondent.

Barros, J.P., Rivera, Wooten and Dowling, 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 November 20, 2012. 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 of the accident. The Supreme Court granted...

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