Fraser-Baptiste v. New York City Transit Authority
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 defendants American United Transportation, Inc., and Luis R. Santiago appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Sherman, J.), entered July 28, 2010, as denied their motion 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 insofar as appealed from, with costs.
In the early afternoon on December 9, 2007, on…
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