LEE v. MASCARENAS

2021-07634. Index No. 712376/20.

219 A.D.3d 928 (2023)

2023 NY Slip Op 04442

Byung Ha Lee, Appellant, v. Teresa M. Mascarenas et al., Respondents.

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

Decided August 30, 2023.


Attorney(s) appearing for the Case

Sacco & Fillas, LLP, Bayside, NY ( James Kim of counsel), for appellant.

Barros, J.P., Maltese, Warhit and Taylor, JJ., concur.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Darrell L. Gavrin, J.), dated September 10, 2021. The order denied the plaintiff's motion pursuant to CPLR 5015(a) to vacate an order of the same court dated May 20, 2019, granting the defendants' unopposed motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of...

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