Exilus v. Nicholas
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, etc., the defendants Fritzner Nicholas and Pierre Christopher appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Douglass, J.), dated October 27, 2004, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff Magdalina Exilus did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The appellants’…
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