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TUCCILLO v. TOWN OF NORTH HEMPSTEAD

2017-07713. Index No. 9012/13.

178 A.D.3d 874 (2019)

111 N.Y.S.3d 901

2019 NY Slip Op 08886

Roy Tuccillo, Appellant, v. Town of North Hempstead et al., Respondents.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Langone & Associates, PLLC, Garden City, NY (Richard M. Langone of counsel), for appellant.

Elizabeth D. Botwin, Town Attorney, Manhasset, NY (Amanda Abata of counsel), for respondents.

Chambers, J.P., Maltese, LaSalle and Christopher, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained on February 9, 2013, when a snow plow operated by the defendant William J. Wilenski, an employee of the defendant Town of North Hempstead, struck the vehicle operated by the plaintiff. The plaintiff alleged that he sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of the accident...

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