Soho v. Konate
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Mary BriganttiHughes, J.), entered July 28, 2009, which granted defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.
On February 4, 2006, plaintiff, then 75 years old, fell as she attempted to enter a taxi driven by defendant Konate. Konate exited the car in an effort to help plaintiff. However, he had mistakenly left the taxi in drive and it subsequently moved forward and struck plaintiff in the leg.…
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