Giraldo v. Mandanici
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated July 23, 2004, which granted the motion of the defendants Joseph J. Mandanici and Town of Islip and the separate motion of the defendant Lubin H. Ferez for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, with costs to the respondents Joseph J. Mandanici and Town of Islip.
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