CRUZ v. FANOUSH

2022-00159. Index No. 502025/20.

214 A.D.3d 703 (2023)

183 N.Y.S.3d 320

2023 NY Slip Op 01178

Daniel Cruz, Appellant, v. Youssif Fanoush et al., Respondents.

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

Decided March 8, 2023.


Attorney(s) appearing for the Case

Leav & Steinberg, New York, NY ( Ricardo J. Martinez of counsel), for appellant.

Baker, McEvoy & Moskovits, P.C. ( Marjorie E. Bornes , Brooklyn, NY, of counsel), for respondents.

Barros, J.P., Brathwaite Nelson, Dowling and Warhit, JJ., concur.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Devin P. Cohen, J.), dated December 15, 2021. The order denied the plaintiff's motion for summary judgment on the issues of liability and whether he sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident.

Ordered that the order is affirmed, with costs.

The plaintiff commenced...

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