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SMITH v. GIUFFRE

2020-06763. Index No. 65637/18.

208 A.D.3d 609 (2022)

173 N.Y.S.3d 584

2022 NY Slip Op 04926

David Smith, Appellant, v. Juliann Giuffre, Respondent.

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

Decided August 10, 2022.

Attorney(s) appearing for the Case

Meagher & Meagher, P.C., White Plains, NY ( Christina M. Killerlane of counsel), for appellant.

Bryan M. Kulak ( James G. Bilello , Hicksville, NY [ Alina Vengerov ], of counsel), for respondent.

Connolly, J.P., Roman, Christopher and Ford, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries that he allegedly sustained in a motor vehicle accident that occurred on September 16, 2016. 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 subject accident. In an order dated July 22, 2020...

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