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LAGUERRE v. MTA NEW YORK CITY TRANSIT PARATRANSIT DIVISION

2020-00024. Index No. 509676/16.

213 A.D.3d 658 (2023)

183 N.Y.S.3d 495

2023 NY Slip Op 00417

Lovsky Laguerre, Appellant, v. MTA New York City Transit Paratransit Division et al., Respondents.

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

Decided February 1, 2023.

Attorney(s) appearing for the Case

Budin, Reisman, Kupferberg & Bernstein, LLP, New York, NY ( Gregory C. McMahon of Counsel), for appellant.

Zaklukiewicz, Puzo & Morrissey, LLP, Islip Terrace, NY ( Jinan Monique Arafat and Stephen F. Zaklukiewicz of Counsel), for respondents.

Connolly, J.P., Iannacci, Miller and Ford, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Pamela L. Fisher, J.), dated December 6, 2019. The order granted the defendants' motion 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.

Ordered that the order is reversed, on the law, with...

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