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NEWBY v. MORALES

Index No. 25491/20E. Appeal No. 675. Case No. 2023-00003.

220 A.D.3d 422 (2023)

197 N.Y.S.3d 134

2023 NY Slip Op 04934

Carlan Newby, Appellant, v. Omar J. Morales, Respondent.

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

Decided October 3, 2023.

Attorney(s) appearing for the Case

Richard A. Bernsley, P.C., Pine Bush (Richard A. Bernsley of counsel), for appellant.

Marjorie E. Bornes, Brooklyn, for respondent.

Concur—Kern, J.P., Moulton, Mendez, Higgitt, O'Neill Levy, JJ.

Order, Supreme Court, Bronx County (Bianka Perez, J.), entered December 20, 2022, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for summary judgment on his claim that he sustained a serious injury to his right wrist within the meaning of Insurance Law § 5102, and granted defendant's motion for summary judgment to the extent of dismissing plaintiff's 90/180-day claim, unanimously affirmed, without costs.

A plaintiff moving...

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