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CEAC v. JOSEPH

2020-04082. Index No. 31686/18.

214 A.D.3d 622 (2023)

182 N.Y.S.3d 924

2023 NY Slip Op 01075

Marie Y. Ceac, Appellant, v. Baby Joseph, Respondent.

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

Decided March 1, 2023.

Attorney(s) appearing for the Case

Harmon, Linder & Rogowsky ( Mitchell Dranow , Sea Cliff, NY, of counsel), for appellant.

Scahill Law Group, P.C., Bethpage, NY ( Gerard Ferrara of counsel), for respondent.

Iannacci, J.P., Miller, Dowling and Voutsinas, JJ., concur.

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated April 29, 2020. The order granted the defendant's 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...

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