SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
December 23, 2008
JENNIFER FELICIANO, RESPONDENT,
MOHAMMAD MALIK, ET AL., APPELLANTS, ET AL., DEFENDANTS.
In an action to recover damages for personal injuries, the defendants Mohammad Malik and Osman Jami appeal from an order of the Supreme Court, Kings County (Jacobson, J.), dated January 14, 2008, which 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).
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
ROBERT A. SPOLZINO, J.P., FRED T. SANTUCCI, HOWARD MILLER, THOMAS A. DICKERSON and RANDALL T. ENG, JJ.
(Index No. 16274/06)
DECISION & ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly found that there are triable issues of fact requiring the denial of the appellants' motion for summary judgment (see CPLR 3212).
SPOLZINO, J.P., SANTUCCI, MILLER, DICKERSON and ENG, JJ., concur.
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