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JONG WOK HAN v. ARKWRIGHT

016626/06.

2008 NY Slip Op 51372 (U)

JONG WOK HAN, Plaintiff, v. RICHARD T. ARKWRIGHT and J.L. ARKWRIGHT, Defendants.

Supreme Court of the State of New York, Nassau County.

Decided June 24, 2008.

Attorney(s) appearing for the Case

Sackstein, Sackstein & Lee, LLP, Garden City, NY, Attorneys for Plaintiff.

Law Office of John P. Humphreys, By: Michael T. Reilly, Esq., Melville, NY, Attorney for Defendant.

DANIEL PALMIERI, J.

The defendants move for summary judgment dismissing the complaint on the grounds that the plaintiff has not sustained a serious injury as defined in Insurance Law § 5102(d), and that the demand for non-economic loss is barred by § 5104(a). The motion is denied.

The relevant statutory provisions are as follows:

§ 5104. Causes of action for personal injury (a) Notwithstanding any other law, in...

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