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GERONTIANOS v. RODGERS

2021-02267, Index No. 615162/18.

206 A.D.3d 973 (2022)

168 N.Y.S.3d 868

2022 NY Slip Op 04152

Steven J. Gerontianos, Appellant, v. Deborah A. Rodgers, Respondent.

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

Decided June 29, 2022.

Attorney(s) appearing for the Case

Gruenberg Kelly Della, Ronkonkoma, NY (Zachary M. Beriloff of counsel), for appellant.

Scahill Law Group, P.C., Bethpage, NY (Keri A. Wehrheim and Gerard Ferrara of counsel), for respondent.

Brathwaite Nelson, J.P., Iannacci, Wooten and Zayas, JJ., concur.

Ordered that the order dated March 26, 2021, is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained in a motor vehicle accident in May 2017. Thereafter, 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...

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