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MORRIS v. CISSE

58 A.D.3d 455 (2009)

871 N.Y.S.2d 113

TONYA MORRIS, Respondent, v. MADY CISSE et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

January 13, 2009.

The record presents triable issues regarding whether plaintiff sustained a serious injury (Insurance Law § 5102 [d]) as a result of a car accident that occurred on September 10, 2004 while a passenger in a livery vehicle. Considering the facts in the light most favorable to plaintiff (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345, 353 [2002]), the properly affirmed evidence submitted by plaintiff's physicians demonstrates...

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