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CLARKE v. DOE

2019-14387. Index No. 708544/16.

212 A.D.3d 709 (2023)

179 N.Y.S.3d 912

2023 NY Slip Op 00204

Jasmin Clarke, Appellant, v. Joy Doe, Defendant, and Metropolitan Transportation Authority et al., Respondents.

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

Decided January 18, 2023.

Attorney(s) appearing for the Case

Dell & Dean, PLLC ( Joseph G. Dell and Mischel & Horn, P.C., New York, NY [ Scott T. Horn , Lauren E. Bryant , and Nicholas Bruno ], of counsel), for appellant.

Zaklukiewicz, Puzo & Morrissey LLP, Islip Terrace, NY ( Maria Caraballo-Mitra of counsel), for respondents.

Brathwaite Nelson, J.P., Rivera, Dowling and Voutsinas, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Joseph J. Risi, J.), entered December 31, 2019. The order granted the motion of the defendants Metropolitan Transit Authority, MTA Bus Company, and New York City Transit Authority for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance...

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