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Dioum v. Milkyway Cab Corp.

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


March 10, 2009

YACINE DIOUM, RESPONDENT,
v.
MILKYWAY CAB CORP., ET AL., DEFENDANTS, OMONIA CAB CORP., ET AL., APPELLANTS.

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).

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.

WILLIAM F. MASTRO, J.P., STEVEN W. FISHER, ANITA R. FLORIO and RANDALL T. ENG, JJ.

(Index No. 25644/06)

DECISION & ORDER

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.

MASTRO, J.P., FISHER, FLORIO and ENG, JJ., concur.

20090310

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