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VIDAL v. MALDONADO

23718/2006.

2008 NY Slip Op 28523

VICTOR VIDAL, Plaintiff, v. RICARDO MALDONADO and ZOBEIDA FRANCO, Defendant(s).

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

Decided December 8, 2008.

Attorney(s) appearing for the Case

John M. Martello, Pena & Kahn, Bronx, NY, Plaintiff.

Nick Migliaccio, Law Office of Thomas K. Moore, White Plains, NY, Defendant.

PAUL A. VICTOR, J.

RELIEF SOUGHT

Defendants Ricardo Maldonado and Zobeida Franco move for summary judgment pursuant to CPLR § 3212 and dismissal of the complaint against them, for the failure of the plaintiff Victor Vidal to prove that he has sustained a "serious injury", as that term is defined in §5102 of the Insurance Law.

Another Frustrating Assembly Line "Serious Injury" Motion

The defendants' motions and...

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