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BURGESS v. AVIGNON TAXI, LLC

Index No. 308376/12. Appeal No. 16907-16908. Case No. 2016-00837. 2022-03939.

211 A.D.3d 522 (2022)

181 N.Y.S.3d 39

2022 NY Slip Op 07145

Clephane B. Burgess et al., Appellants, v. Avignon Taxi, LLC, et al., Respondents, et al., Defendant.

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

Decided December 15, 2022.

Attorney(s) appearing for the Case

Parker Waichman, LLP, Port Washington ( Jay L. T. Breakstone of counsel), for appellants.

Abrams Fensterman, LLP, White Plains ( Robert A. Spolzino of counsel), for respondents.

Concur—Renwick, J.P., Shulman, Rodriguez, Higgitt, JJ.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered October 29, 2015, which granted defendants' motions for summary judgment dismissing the complaint on the ground that plaintiff Clephane B. Burgess did not sustain a serious injury within the meaning of Insurance Law § 5102, and order, same court and Justice, entered February 1, 2016, insofar as it denied plaintiffs' motion to renew, unanimously affirmed, without costs. Appeal from denial of reargument,...

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