Young Bae Kim, respondent, v. Massim M. Salaumeh, et al., appellants, et al., defendant.

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Supreme Court, Appellate Division, Second Department, New York.

Young Bae Kim, respondent, v. Massim M. Salaumeh, et al., appellants, et al., defendant.

2010-07065 (Index No. 75/09)

Decided: December 28, 2010

WILLIAM F. MASTRO, J.P. ANITA R. FLORIO THOMAS A. DICKERSON ARIEL E. BELEN PLUMMER E. LOTT, JJ. Baker, McEvoy, Morrissey & Moskovits, P.C., New York, N.Y. (Stacy R. Seldin of counsel), for appellants. Sim & Park, LLP, New York, N.Y. (Sang J. Sim of counsel), for respondent.

Submitted-December 15, 2010

DECISION & ORDER

In an action to recover damages for personal injuries, the defendants Massim M. Salaumeh and R & F Limousine appeal from an order of the Supreme Court, Queens County (McDonald, J.), dated June 24, 2010, 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).

ORDERED that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court properly denied the appellants' 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).

MASTRO, J.P., FLORIO, DICKERSON, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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