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PRISCO v. RINALDI

2017-01053. Index No. 61078/14.

166 A.D.3d 1026 (2018)

86 N.Y.S.3d 748

2018 NY Slip Op 08161

Patrick S. Prisco, Appellant, v. Rocco J. Rinaldi, Respondent.

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

Decided November 28, 2018.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained in a motor vehicle accident. The defendant moved for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the accident. The plaintiff cross-moved for leave...

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