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WARREN v. BYUN

11563/2007

25 Misc.3d 953 (2009)

889 N.Y.S.2d 410

2009 NY Slip Op 29371

STEPHANIE WARREN, Plaintiff, v. JIN Y. BYUN et al., Defendants.

Supreme Court, Queens County.

Decided July 31, 2009.

Attorney(s) appearing for the Case

Picciano & Scahill, P.C., Westbury (Andrea E. Ferrucci of counsel), for defendants.

Mallilo & Grossman, Flushing (Russell Bloch of counsel), for plaintiff.

OPINION OF THE COURT

PETER J. KELLY, J.

The defendants' moving papers establish that the plaintiff was involved in an automobile accident on May 19, 2006 and commenced this action to recover for her alleged injuries. The defendants contend that the plaintiff's claimed injuries to her cervical spine and right shoulder do not meet the serious injury threshold set forth by Insurance Law § 5102 (d) and her complaint should therefore be dismissed.

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