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WETTSTEIN v. TUCKER

2016-11244. Index No. 2132/14.

178 A.D.3d 1121 (2019)

112 N.Y.S.3d 557

2019 NY Slip Op 09319

Timothy Wettstein et al., Appellants, v. Jameelah Tucker, Respondent.

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

Decided December 24, 2019.

Attorney(s) appearing for the Case

Timothy Wettstein and Michelle Wettstein, South Hempstead, NY, appellants pro se.

DeSena & Sweeney, LLP, Bohemia, NY (Shawn P. O'Shaughnessy of counsel), for respondent.

Dillon, J.P., Cohen, Miller and Iannacci, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action to recover damages for personal injuries that they each allegedly sustained in a motor vehicle accident that occurred on February 17, 2013. The defendant moved for summary judgment dismissing the complaint on the ground that neither plaintiff sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident. The Supreme Court granted...

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