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MESIAS v. MODAK

2020-04263. Index No. 702931/18.

211 A.D.3d 933 (2022)

178 N.Y.S.3d 460

2022 NY Slip Op 07229

Rosa Isabel Mesias, Plaintiff, and Ricardo A. Tigua, Appellant, v. Sajib Modak, Respondent.

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

Decided December 21, 2022.

Attorney(s) appearing for the Case

William Pager, Brooklyn, NY, for appellant.

Jennifer S. Adams, Lake Success, NY (Jacqueline Doody of counsel), for respondent.

Connolly, J.P., Christopher, Ford and Warhit, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff Ricardo A. Tigua appeals from an order of the Supreme Court, Queens County (Allan B. Weiss, J.), entered May 28, 2020. The order granted the defendant's motion for summary judgment dismissing the complaint insofar as asserted by the plaintiff Ricardo A. Tigua on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident.

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