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HESS v. FABRIZI

Index No. 155232/19. Appeal No. 777. Case No. 2022-05778.

221 A.D.3d 406 (2023)

198 N.Y.S.3d 342

2023 NY Slip Op 05538

George Hess, Appellant, v. Thomas P. Fabrizi et al., Defendants, and Huzaifa Akram et al., Respondents.

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

Decided November 2, 2023.

Attorney(s) appearing for the Case

Hofmann Schweitzer, New York (Dario Anthony Chinigo of counsel), for appellant.

Marjorie E. Bornes, Brooklyn, for respondents.

Concur—Kapnick, J.P., Oing, Moulton, Higgitt, JJ.

Order, Supreme Court, New York County (Judy H. Kim, J.), entered August 24, 2022, which, to the extent appealed from as limited by the briefs, granted defendants Huzaifa Akram and Chelsea Cab Corp.'s motion for summary judgment, and, upon a search of the record, granted defendants P.O. Thomas P. Fabrizi, the City of New York, and the New York City Police Department summary judgment dismissing the complaint as against them for lack of a serious injury within the meaning of...

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