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Tricarico v. Camara

Sup Ct, New York County

August 13, 2013

WILLIAM TRICARICO, Plaintiff,
v.
MAMADOU C. CAMARA, W. SARS TRANS. CORP., THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT and THE NEW YORK CITY OF TRANSPORTATION Defendants. Index no.104937/2010

Unpublished Opinion

KATHRYN E. FREED JUSTICE OF SUPREME COURT:

RECITATION, AS REQUIRED BY CPLR§2219 (a), OF THE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION.

PAPERS NUMBERED

NOTICE OF MOTION AND AFFIDAVITS ANNEXED................... ......l-2.. (Exhibits D &E)

ORDER TO SHOW CAUSE AND AFFIDAVITS ANNEXED..................................

ANSWERING AFFIDAVITS.........................................................................4.. (Exhibits D, E &F)

REPLYING AFFIDAVITS.............................................................................5............

EXHIBITS....................................................................................................................

OTHER...................... (Cross-Motion)...........................................................3............

UPON THE FOREGOING CITED PAPERS, THIS DECISION/ORDER ON THE MOTION IS AS FOLLOWS:

Defendants Mamadou C. Camara and W. Sars Trans Corp., move for an Order pursuant to CPLR§3212 granting summary judgment and dismissing plaintiffs Complaint for failure to sustain a "serious injury" within the meaning of Insurance Law§ 5102(d). Defendants The City of New York, The New York City Police Department and The New York City Department of Transportation (" collectively, the City"), cross-move for an Order pursuant to CPLR§3212, granting them summary judgment dismissing plaintiff s Complaint. Plaintiff opposes.

It should be noted that for the sake of judicial economy and brevity, the City adopts and incorporates by reference the arguments set forth in their co-defendants' motion for summary judgment. After a review of the papers presented, all relevant statutes and case law, the Court denies the instant motion and cross-motion. Factual and procedural background:

Plaintiff commenced the instant action to recover monetary damages for personal injuries he allegedly sustained as a result of a motor vehicle accident occurring on November 11, 2009, at the intersection of East 58th Street and First Avenue, in New York County. According to plaintiff, the vehicle he was driving was struck by defendant W. Sar's Trans Corp.'s taxi cab, which was driven by defendant Mamadou Camara. Following the accident, EMTs were called to the scene and immobilized plaintiff with a cervical collar and back board. They then transported him to New York Presbyterian Hospital. At the hospital, plaintiff complained of head pain, neck pain and dizziness. He was examined and eventually diagnosed with "whiplash." He was prescribed Ibuprofen, Percocet, Naproxen and Flexoril for pain, and was discharged. Hospital personnel suggested that he refrain from working for at least two days and referred him to ...


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