On March 2, 2004, during the pendency of this personal injury action, individual defendant Sekoa Kante died. By notice of motion dated June 15, 2004, defendant GE Capital moved for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury as required by Insurance Law § 5102 (d). Plaintiff cross-moved to stay the action until the appointment of a proper representative for Kante. The motion court denied plaintiff's cross motion...
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