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CASTRO-VILLATORO v. BATISTA

2019-12969, Index No. 612573/17.

206 A.D.3d 877 (2022)

168 N.Y.S.3d 694

2022 NY Slip Op 04005

Jose Castro-Villatoro, Appellant, v. Rafael Batista, Respondent.

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

Decided June 22, 2022.

Attorney(s) appearing for the Case

Silverman & Taylor, PLLC, Freeport, NY ( Daivery G. Taylor of counsel), for appellant.

Karen L. Lawrence (Sweetbaum & Sweetbaum, Lake Success, NY [ Joel A. Sweetbaum ], of counsel), for respondent.

Barros, J.P., Rivera, Chambers and Wooten, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff commenced this action to recover damages for personal injuries that he allegedly sustained in a motor vehicle accident on September 1, 2017. 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 ...

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