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LEDESMA v. RODRIGUEZ

Index No. 31267/18E. Appeal No. 391. Case No. 2022-04511.

217 A.D.3d 453 (2023)

190 N.Y.S.3d 360

2023 NY Slip Op 02975

Robert Ledesma, Appellant, v. Reynaldo Rodriguez et al., Respondents.

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

Decided June 6, 2023.

Attorney(s) appearing for the Case

Law Office of Hermann P. Gruber, P.C., Massapequa (Hermann P. Gruber of counsel), for appellant.

Baker, McEvoy & Moskovits, Brooklyn (Majorie E. Bornes of counsel), for respondents.

Concur—Renwick, A.P.J., Kern, Singh, Scarpulla, Higgitt, JJ.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered May 27, 2022, which, to the extent appealed from, granted defendants' motion for summary judgment dismissing the complaint based on plaintiff's inability to meet the serious injury threshold under Insurance Law § 5102(d), unanimously affirmed, without costs.

Defendants made a prima facie showing that plaintiff's claimed injuries were not causally related to the accident by submitting a report of...

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