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HOPE v. FORTUNATO

22759/04.

2008 NY Slip Op 51384 (U)

HAROLD HOPE and THEODORE McFIELD, Plaintiffs, v. ANTHONY J. FORTUNATO and COMMAND BUS COMPANY, INC., Defendants.

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

Decided July 11, 2008.

Attorney(s) appearing for the Case

Plaintiff Harold Hope was represented by Richard S. Weiss, Esq. of Koenigsberg & Associates, P.C.

Plaintiff Theodore McField was represented by Mark J. Linder, Esq. of Harmon, Linder & Rogowsky, Esqs.

Defendants were represented by Barry N. Greenberg, Esq. of the Law Offices of Edward Garfinkel.

JACK M. BATTAGLIA, J.

In this personal injury action arising out of a motor vehicle accident, plaintiff Theodore McField and plaintiff Harold Hope each moves for an order, pursuant to CPLR 3212, granting partial summary judgment against Defendants on the issues of liability and "serious injury" as that term is defined under Insurance Law § 5102(d). Plaintiff McField also moves for an order, pursuant to CPLR 3126, striking Defendants' Answer for failure to appear...

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