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Jun v. Azam

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 4, 2017
2017 N.Y. Slip Op. 6931 (N.Y. App. Div. 2017)

Opinion

2015-12641

10-04-2017

Min Kyu Jun, plaintiff, Hyo Eun Kwak, appellant, v. Rizwan Azam, et al., respondents.

Sim & Record, LLP, Bayside, NY (Sang J. Sim of counsel), for appellant. Nancy L. Isserlis (Saretsky Katz & Dranoff, LLP, New York, NY [Gary J. Levy], of counsel), for respondents.


LEONARD B. AUSTIN SHERI S. ROMAN SYLVIA O. HINDS-RADIX FRANCESCA E. CONNOLLY, JJ. (Index No. 702950/12)

Sim & Record, LLP, Bayside, NY (Sang J. Sim of counsel), for appellant.

Nancy L. Isserlis (Saretsky Katz & Dranoff, LLP, New York, NY [Gary J. Levy], of counsel), for respondents.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff Hyo Eun Kwak appeals from an order of the Supreme Court, Queens County (Lane, J.), entered December 18, 2015, which granted the defendants' motion for summary judgment dismissing the complaint insofar as asserted by her on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of a judgment in the action on April 25, 2016 (see Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (Min Kyu Jun v Azam, _____ AD3d _____ [Appellate Division Docket No. 2016-05710; decided herewith]; see CPLR 5501[a][1]; Matter of Aho, 39 NY2d at 248).

RIVERA, J.P., AUSTIN, ROMAN, HINDS-RADIX and CONNOLLY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

Jun v. Azam

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 4, 2017
2017 N.Y. Slip Op. 6931 (N.Y. App. Div. 2017)
Case details for

Jun v. Azam

Case Details

Full title:Min Kyu Jun, plaintiff, Hyo Eun Kwak, appellant, v. Rizwan Azam, et al.…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Oct 4, 2017

Citations

2017 N.Y. Slip Op. 6931 (N.Y. App. Div. 2017)