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CAVITOLO v. BROSER

2016-11193. Index No. 150386/14.

163 A.D.3d 913 (2018)

81 N.Y.S.3d 188

2018 NY Slip Op 05442

Josephine Cavitolo, Appellant, v. Linda Broser, Respondent.

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

Decided July 25, 2018.

Ordered that the order is affirmed, with costs.

This action arises from a motor vehicle accident that occurred on May 19, 2011, in which a vehicle operated by the plaintiff allegedly was struck by a vehicle owned and operated by the defendant. The plaintiff moved for summary judgment on the issue of liability. The defendant cross-moved for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning...

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