HENDERSON v. CUYLER

498 CA 21-01020.

207 A.D.3d 1208 (2022)

171 N.Y.S.3d 682

2022 NY Slip Op 04491

Jaimere Henderson, Respondent, v. Shaiman Cuyler, Appellant.

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

Decided July 8, 2022.


Attorney(s) appearing for the Case

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( AALOK J. KARAMBELKAR OF COUNSEL), FOR DEFENDANT-APPELLANT.

ERIC P. SMITH , LIVERPOOL, FOR PLAINTIFF-RESPONDENT.

Present—Lindley, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in its entirety and the complaint is dismissed.

Memorandum: Plaintiff commenced this action seeking damages for injuries he allegedly sustained when he was struck by a vehicle operated by defendant. Defendant moved for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning...

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