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OSORIO v. PUNJAB ENTERPRISE INC.

Index No. 27473/17E. Appeal No. 61. Case No. 2022-02683.

215 A.D.3d 494 (2023)

187 N.Y.S.3d 35

2023 NY Slip Op 01963

Marleny Osorio, Respondent, v. Punjab Enterprise Inc. et al., Appellants, et al., Defendants.

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

Decided April 18, 2023.

Attorney(s) appearing for the Case

Molod Spitz & DeSantis, P.C., New York ( Murad Sardar of counsel), for appellants.

Law Offices of Michael Jerome Dallas, New York ( Michael Jerome Dallas of counsel), for respondent.

Concur—Kapnick, J.P., Moulton, Kennedy, Mendez, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Veronica G. Hummel, J.), entered June 8, 2022, which denied defendants Punjab Enterprises Inc., Eagle Tank Line LLC, and Mahamadou Sylla's (defendants) motion for summary judgment dismissing the complaint based on plaintiff's inability to demonstrate that she sustained a serious injury to her cervical spine and right knee within the meaning of Insurance Law § 5102(d), unanimously modified, on the law, without costs, to grant defendant...

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