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A.H. v. MUNSON

2018-11383. Index No. 602379/14.

189 A.D.3d 794 (2020)

133 N.Y.S.3d 458

2020 NY Slip Op 07172

A.H. et al., Appellants, v. Mary E. Munson, Respondent.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Dell & Dean, PLLC (Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Christen Giannaros ], of counsel), for appellants.

Karen Lawrence (Sweetbaum & Sweetbaum, Lake Success, NY [ Joel A. Sweetbaum ], of counsel), for respondent.

Rivera, J.P., Leventhal, LaSalle and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed, with costs.

The infant plaintiff, by his mother and natural guardian, and his mother suing derivatively, commenced this action to recover damages for personal injuries that the infant plaintiff allegedly sustained when he was struck by a vehicle operated by the defendant. The defendant moved for summary judgment dismissing the complaint on the ground that the infant plaintiff did not sustain a serious injury within the meaning of...

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