Epstein v. Mta Long Island Bus
| Citation | 75 N.Y.S.3d 532,161 A.D.3d 821 |
| Decision Date | 09 May 2018 |
| Docket Number | 2015–08731,Index No. 14563/09 |
| Parties | Bonnie EPSTEIN, appellant, v. MTA LONG ISLAND BUS, et al., respondents. |
| Court | New York Supreme Court Appellate Division |
161 A.D.3d 821
75 N.Y.S.3d 532
Bonnie EPSTEIN, appellant,
v.
MTA LONG ISLAND BUS, et al., respondents.
2015–08731
Index No. 14563/09
Supreme Court, Appellate Division, Second Department, New York.
Argued—January 18, 2018
May 9, 2018
Eric H. Green, New York, N.Y. (Marc Gertler of counsel), for appellant.
Zaklukiewicz, Puzo & Morrissey, LLP, Islip Terrace, N.Y. (Jinan Monique Arafat of counsel), for respondents.
REINALDO E. RIVERA, J.P., COLLEEN D. DUFFY, BETSY BARROS, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roy S. Mahon, J.), dated June 29, 2015. The order, insofar as appealed from, (1) granted that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint on the ground that the plaintiff failed to plead
that she sustained a serious injury within the meaning of Insurance Law § 5102(d), and (2), upon renewal, in effect, vacated the determination in a prior order of the same court dated September 20, 2011, denying the defendants' motion for summary judgment dismissing the complaint and, thereupon, granted that branch of the defendants' renewed motion which was for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
ORDERED that the order dated June 29, 2015, is reversed insofar as appealed from, on the law, with costs, that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint on the ground that the plaintiff failed to plead that she sustained a serious injury within the meaning of Insurance Law § 5102(d) is denied, and upon renewal, the determination in the order dated September 20, 2011, denying the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of...
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