PICKERING v. BASAR

2020-06282. Index No. 519164/16.

217 A.D.3d 694 (2023)

191 N.Y.S.3d 127

2023 NY Slip Op 03026

Shantell Pickering, Appellant, v. Mohammad A. Basar, Defendant, and V.A. Cruz-Zapata et al., Respondents.

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

Decided June 7, 2023.


Attorney(s) appearing for the Case

Dell & Dean, PLLC (Mischel & Horn, P.C., New York, NY [ Scott T. Horn ], of counsel), for appellant.

Baker, McEvoy & Moskovits, P.C. ( Robert D. Grace , Brooklyn, NY, of counsel), for respondents.

Rivera, J.P., Miller, Christopher and Taylor, JJ., concur.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Debra Silber, J.), dated August 12, 2020. The order granted the motion of the defendants V.A. Cruz-Zapata and MTE Transportation Corp. for summary judgment dismissing the complaint insofar as asserted against them 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...

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