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Henao v. Ping

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1999
257 A.D.2d 604 (N.Y. App. Div. 1999)

Opinion

January 19, 1999.

Appeal from the Supreme Court, Queens County (Berke, J.).


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was to dismiss the complaint insofar as asserted by the plaintiff Natalie Henao and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

The defendant's submissions demonstrated that the injuries sustained by the plaintiff Natalie Henao were not serious within the meaning of Insurance Law § 5102 (d) ( see, Curro v. Fernandez, 232 A.D.2d 520; Doria v. Buchstein, 227 A.D.2d 438). However, triable issues of fact exist with respect to the injuries sustained by the plaintiff Armando Henao ( see, Pena v. Orlando, 239 A.D.2d 326).

Miller, J.P., Thompson, McGinity and Luciano, JJ., concur.


Summaries of

Henao v. Ping

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1999
257 A.D.2d 604 (N.Y. App. Div. 1999)
Case details for

Henao v. Ping

Case Details

Full title:NATALIE HENAO et al., Respondents, v. TING SAL PING, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 19, 1999

Citations

257 A.D.2d 604 (N.Y. App. Div. 1999)
683 N.Y.S.2d 867