- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Jan 31 2013 (Date Decided)
- Gonzalez, P.J., Friedman, Moskowitz, DeGrasse, Freedman, JJ.
9128. WENDY ORTIZ, plf-ap, v. HOFED MOHAMMED SALAHUDDIN def-res — Sacco & Fillas LLP, Astoria (Si Aydiner of counsel), for ap — Baker, McEvoy, Morrissey & Moskovitz, P.C., New York (Stacy R. Seldin of counsel), for res — Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered October 15, 2011, which, to the extent appealed from as limited by the briefs, granted defendants' motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury within the meaning of Insurance Law §5102(d), unanimously modified, on the law, the motion denied insofar as it seeks dismissal of plaintiff's claim of serious injury to her right knee, and otherwise affirmed, without costs.