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TOOR v. LOTEMPLE

822 CA 21-01546.

210 A.D.3d 1446 (2022)

178 N.Y.S.3d 660

2022 NY Slip Op 06388

Suman Toor, Respondent, v. Samuel LoTemple et al., Appellants.

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

Decided November 10, 2022.

Attorney(s) appearing for the Case

LAW OFFICE OF JOHN WALLACE, ROCHESTER (VALERIE L. BARBIC OF COUNSEL, FOR DEFENDANTS-APPELLANTS.

Present—Whalen, P.J., Smith, Lindley, NeMoyer and Winslow, JJ.

Appeal from an order of the Supreme Court, Monroe County (Debra A. Martin, A.J.), entered September 20, 2021. The order, insofar as appealed from, denied in part the motion of defendants for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion with respect to the 90/180-day category of serious injury within the meaning of Insurance...

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