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LIBURD v. MONDAL

2021-00691. Index No. 506242/18.

215 A.D.3d 655 (2023)

186 N.Y.S.3d 365

2023 NY Slip Op 01785

Marvin Liburd, Appellant, v. Mohammed Mondal, Respondent.

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

Decided April 5, 2023.

Attorney(s) appearing for the Case

Leav & Steinberg, LLP, New York, NY ( Regina Koyfman of counsel), for appellant.

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

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 (Lara J. Genovesi, J.), dated December 3, 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 the law, with...

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