MENJIVAR v. CAPERS

2020-04774. Index No. 603720/17.

214 A.D.3d 640 (2023)

183 N.Y.S.3d 310

2023 NY Slip Op 01083

Cruz Menjivar et al., Appellants, v. Rodney Capers et al., Respondents.

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

Decided March 1, 2023.


Attorney(s) appearing for the Case

Nichols & Cane, PLLC, Syosset, NY ( Jamie Persky Mitchnick of counsel), for appellants.

Russo & Gould, LLP, New York, NY ( Trishé L.A. Hynes of counsel), for respondents.

Duffy, J.P., Maltese, Christopher and Genovesi, JJ. concur.


In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Leonard D. Steinman, J.), dated April 20, 2020. The order, insofar as appealed from, granted the defendants' motion for summary judgment dismissing the complaint on the ground that neither plaintiff sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident, and denied that branch of the plaintiffs...

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