Rivera v. Fernandez & Ulloa Auto Group
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered June 21, 2013, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing plaintiff Rivera’s complaint on the threshold issue of serious injury within the meaning of Insurance Law § 5102 (d), affirmed, without costs.
Defendants’ summary judgment motion was timely since it was served within 120 days after the filing of the note of issue (Derouen v Savoy Park Owner, L.L.C., 109 AD3d 706 [1st Dept 2013]).
In support of their motion for summary judgment, defendants made a…
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