Giammalva v. Winters
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a consolidated action to recover damages for personal injuries, the defendants Richard T. Winters and Richard Winters appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (O’Donoghue, J.), entered January 7, 2008, as denied their cross motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury wdthin the meaning of Insurance Law § 5102 (d), and the defendant Albino Nigro separately appeals from the same order.
Ordered that the appeal by the defendant Albino…
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