• Jan 22 2013 (Date Decided)
  • Angiolillo, J.P.; Balkin, Austin and Miller, JJ.
JASON ESTRELLA, a/k/a JASON ESTRELLE, ETC. ap, v. GEICO INSURANCE COMPANY def, LIGIA FRANCO res — (INDEX NO. 13937/09)In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Nelson, J.), entered October 27, 2011, which granted the motion of the defendant Herminio Carrao, Jr., and the separate motion of the defendants Ligia Franco and Hugo Toledo for summary judgment dismissing the complaint insofar as asserted against each of them on the ground that the infant plaintiff did not sustain a serious injury within the meaning of Insurance Law §5102(d) as a result of the subject accident.

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