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CHAVEZ v. FOLEY

2022-00659. Index No. 607512/18.

220 A.D.3d 651 (2023)

197 N.Y.S.3d 276

2023 NY Slip Op 04964

Melkin F. Chavez, Appellant, v. Timothy D. Foley et al., Respondents.

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

Decided October 4, 2023.

Attorney(s) appearing for the Case

Cannon & Acosta, LLP, Huntington Station, NY ( June Redeker of counsel), for appellant.

Kelly, Rode & Kelly, LLP, Mineola, NY ( Eric P. Tosca of counsel), for respondents.

Brathwaite Nelson, J.P., Miller, Ford and Dowling, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Martha L. Luft, J.), dated January 5, 2022. The order granted the defendants' 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, and denied, as academic, the plaintiff's motion for summary judgment...

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