Montgomery v. Pena
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*289Order, Supreme Court, Bronx County (Anne E. Targum, J.), entered June 27, 2003, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.
In this personal injury action, plaintiff alleges that, in a motor vehicle accident on October 12, 2000, she suffered “serious injury,” within the meaning of Insurance Law § 5102 (d), to her right shoulder, right knee, and back. In moving for summary judgment, however,…
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