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MANISCALCO v. THOMAS

2021-01277. Index No. 502455/18.

217 A.D.3d 761 (2023)

191 N.Y.S.3d 161

2023 NY Slip Op 03229

Antonio S. Maniscalco, Respondent, v. Ismail Thomas, Appellant.

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

Decided June 14, 2023.

Attorney(s) appearing for the Case

James F. Butler , Jericho, NY ( Kathleen E. Fioretti of counsel), for appellant.

Law Office of Stefano A. Filippazzo, P.C., Brooklyn, NY ( Louis A. Badolato of counsel), for respondent.

Miller, J.P., Christopher, Warhit and Wan, JJ., concur.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Richard Velasquez, J.), dated January 29, 2021. The order, insofar as appealed from, granted the plaintiff's cross-motion for summary judgment determining that he sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident.

Ordered that the order...

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