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JOHNSON v. COUNTY OF SUFFOLK

55 A.D.3d 875 (2008)

866 N.Y.S.2d 336

GEORGE JOHNSON et al., Respondents, v. COUNTY OF SUFFOLK et al., Appellants, and ON TIME AUTO PARTS, LLC, et al., Respondents. (Appeal No. 1.) GEORGE JOHNSON et al., Respondents, v. COUNTY OF SUFFOLK et al., Appellants, and ON TIME AUTO PARTS, LLC, et al., Defendants. (Appeal No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 28, 2008.

Ordered that the appeal from so much of the order dated June 7, 2007, as denied the appellants' motion for summary judgment dismissing the complaint on the ground that neither of the plaintiffs George Johnson and Richard Johnson sustained a serious injury within the meaning of Insurance Law § 5102 (d), is dismissed, as that order was superseded by the order dated November 19, 2007, made upon reargument; and it is further,<...

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