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NEWELL v. JAVIER

Index No. 302650/15. Appeal No. 754. Case No. 2022-03964.

220 A.D.3d 487 (2023)

197 N.Y.S.3d 503

2023 NY Slip Op 05192

Anthony Newell, Appellant, v. Jose A. Javier, Respondent, et al., Defendant.

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

Decided October 12, 2023.

Attorney(s) appearing for the Case

G. Wesley Simpson PC, Brooklyn ( G. Wesley Simpson of counsel), for appellant.

The Zweig Law Firm, P.C., Woodmere ( Daniel P. Rifkin of counsel), for respondent.

Concur—Webber, J.P., Kern, Singh, Scarpulla, Rosado, JJ.

Order, Supreme Court, Bronx County (Veronica G. Hummel, J.), entered on or about May 10, 2022, which granted defendant Jose A. Javier's motion for summary judgment dismissing the complaint based on plaintiff's inability to meet the serious injury threshold under Insurance Law § 5102(d), unanimously affirmed, without costs.

Defendant made a prima facie showing that plaintiff did not sustain a serious injury to his right shoulder, cervical spine, and lumbar spine...

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