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Dioum v. Milkyway Cab Corp.

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 2009
60 A.D.3d 724 (N.Y. App. Div. 2009)

Opinion

No. 2008-07115.

March 10, 2009.

In an action to recover damages for personal injuries, the defendants Omonia Cab Corp. and Shafi Ullah appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated June 26, 2008, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Baker, McEvoy, Morrissey Moskovits, P.C., New York, N.Y. (Stacy R. Seldin of counsel), for appellants.

Kaplan Kaplan, Brooklyn, N.Y. (Cary H. Kaplan of counsel), for respondent.

Before: Mastro, J.P., Fisher, Florio and Eng, JJ.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that there are triable issues of fact requiring the denial of summary judgment.


Summaries of

Dioum v. Milkyway Cab Corp.

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 2009
60 A.D.3d 724 (N.Y. App. Div. 2009)
Case details for

Dioum v. Milkyway Cab Corp.

Case Details

Full title:YACINE DIOUM, Respondent, v. MILKYWAY CAB CORP. et al., Defendants, and…

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

Date published: Mar 10, 2009

Citations

60 A.D.3d 724 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1771
873 N.Y.S.2d 920