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MAHLER v. LEWIS

2021-01671. Index No. 617410/17.

210 A.D.3d 673 (2022)

177 N.Y.S.3d 690

2022 NY Slip Op 06123

Bruce R. Mahler et al., Appellants, v. Wilda I. Lewis, Respondent, et al., Defendant.

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

Decided November 2, 2022.

Attorney(s) appearing for the Case

Joseph B. Fruchter, Hauppauge, NY, for appellants.

Russo & Gould, LLP, New York, NY (David S. Gould and Trishé L. A. Hynes of counsel), for respondent.

Duffy, J.P., Rivera, Dowling and Taylor, JJ., concur.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (William G. Ford, J.), dated February 23, 2021. The order granted the motion of the defendant Wilda I. Lewis for summary judgment dismissing the complaint insofar as asserted against her on the ground that the plaintiff Bruce R. Mahler did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject...

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