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SOOKNANAN v. PINALES

Index No. 27829/19. Appeal No. 131. Case No. 2022-03170.

215 A.D.3d 608 (2023)

187 N.Y.S.3d 629

2023 NY Slip Op 02195

Chrishna Sooknanan et al., Appellants, v. Nelson Pinales et al., Respondents, et al., Defendants.

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

Decided April 27, 2023.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York (Nicholas S. Bruno of counsel), for appellants.

Baker, McEvoy & Moskovits, Brooklyn (Marjorie E. Bornes of counsel), for Nelson Pinales, respondent.

Milber Makris Plousadis & Seiden, LLP, Woodbury (Lorin A. Donnelly of counsel), for Steven Jean, respondent.

Concur—Webber, J.P., Moulton, Scarpulla, Mendez, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Veronica G. Hummel, J.), entered July 7, 2022, which, to the extent appealed from as limited by the briefs, granted defendants Kasheem Moye's, Nelson Pinales's, and Steven Jean's motions for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury to his lumbar spine within the meaning of Insurance Law § 5102(d), unanimously affirmed, without costs.

Defendants satisfied their prima...

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