WICKMAN v. KASTAVIS

2021-03352. Index No. 707387/17.

217 A.D.3d 905 (2023)

191 N.Y.S.3d 681

2023 NY Slip Op 03375

Penny Wickman, Respondent, v. Penelope G. Kastavis, Appellant.

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

Decided June 21, 2023.


Attorney(s) appearing for the Case

Vigorito, Barker, Patterson, Nichols & Porter, LLP, Valhalla, NY ( Leilani J. Rodriguez and Adonaid C. Medina of counsel), for appellant.

Samuel & Stein, New York, NY ( Andrew Beresin and Michael Samuel of counsel), for respondent.

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


In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Chereé A. Buggs, J.), entered April 30, 2021. The order denied 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 affirmed, with costs.<...

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