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SALCEDO v. MTA-NEW YORK CITY TR.

2021-02579. Index No. 3/16.

217 A.D.3d 698 (2023)

190 N.Y.S.3d 157

2023 NY Slip Op 03029

Frank Salcedo et al., Appellants, v. MTA-New York City Transit et al., Respondents.

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

Decided June 7, 2023.

Attorney(s) appearing for the Case

Helen F. Dalton and Associates P.C. (Mischel & Horn, P.C., New York, NY [Scott T. Horn and Andrew J. Fisher], of counsel), for appellants.

Armienti, DeBellis & Rhoden, LLP, New York, NY (Vanessa M. Corchia of counsel), for respondents.

Connolly, J.P., Wooten, Ford and Taylor, JJ., concur.

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Peter P. Sweeney, J.), dated March 31, 2021. The order, insofar as appealed from, granted those branches of the defendants' cross-motion which were for summary judgment dismissing the complaint insofar as asserted by the plaintiffs Frank Salcedo and Yamieli Paniagua on the ground that those plaintiffs did not sustain a serious injury within the meaning...

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