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DELACRUZ v. BONNIE

2015-04865, Index No. 297/13.

143 A.D.3d 662 (2016)

2016 NY Slip Op 06467

38 N.Y.S.3d 270

DAVE DELACRUZ, JR., Appellant, v. STENNETH L. BONNIE, Respondent, et al., Defendant.

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

Decided October 5, 2016.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Stenneth L. Bonnie for summary judgment dismissing the complaint insofar as asserted against him is denied.

The defendant Stenneth L. Bonnie (hereinafter the defendant) met his prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (

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