RODRIGUEZ v. MOSS

Index Nos. 24050/15, 21657/17, Appeal No. 1570, Case No. 2023-00037.

2024 NY Slip Op 00464

JENNIFER RODRIGUEZ, Plaintiff-Appellant, v. MARTIN MOSS, ET AL., Defendants-Respondents. [And Another Action]

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

Decided February 1, 2024.


Attorney(s) appearing for the Case

Leav & Steinberg, L.L.P., New York ( Kathleen E. Beatty of counsel), for appellant.

VoutÉ Lohrfink McAndrew Meisner & Roberts LLP, White Plains ( Jonathan I. Weinstein of counsel), for Martin Moss, respondent.

Shein Johnson, P.C., Melville ( Steven Johnson of counsel), for Ronald E. Coefield, GVC II Inc., G.V.C. Transportation, Inc., New York City Transit Authority, Metropolitan Transportation Authority and Manhattan and Bronx Surface Transportation Operating Authority, respondents.

Before: Manzanet-Daniels, J.P., Kern, Scarpulla, O'Neill Levy, JJ.


Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered July 29, 2022, which granted defendant Moss' motion for summary judgment dismissing the complaint as against all defendants on the ground that plaintiff did not sustain a serious injury under Insurance Law § 5102(d), unanimously affirmed, without costs.

Defendant established prima facie that plaintiff did not sustain a serious injury through the affirmed reports of his medical experts, who found...

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