SOPHIE MALLERET, plf-ap, v. FEDERAL EXPRESS CORPORATION def-res, HLR SERVICE CORPORATION, def

8414. SOPHIE MALLERET, plf-ap, v. FEDERAL EXPRESS CORPORATION def-res, HLR SERVICE CORPORATION, def — [AND A THIRD-PARTY ACTION] Gary B. Pillersdorf & Associates, P.C., New York (Andrew H. Pillsersdorf of counsel), for ap — Kaplan, Massamilo & Andrews, LLC, New York (Daniela Jampel of counsel), for res — Order, Supreme Court, New York County (George J. Silver, J.), entered June 14, 2011, which, insofar as appealed from, granted the cross motion of defendants Federal Express Corporation and Jeremy Carter for summary judgment dismissing so much of the complaint as asserted damages resulting from injuries sustained in the March 29, 2008 accident, unanimously reversed, on the law, without costs, and the cross motion denied.

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8414. SOPHIE MALLERET, plf-ap, v. FEDERAL EXPRESS CORPORATION def-res, HLR SERVICE CORPORATION, def — [AND A THIRD-PARTY ACTION] Gary B. Pillersdorf & Associates, P.C., New York (Andrew H. Pillsersdorf of counsel), for ap — Kaplan, Massamilo & Andrews, LLC, New York (Daniela Jampel of counsel), for res — Order, Supreme Court, New York County (George J. Silver, J.), entered June 14, 2011, which, insofar as appealed from, granted the cross motion of defendants Federal Express Corporation and Jeremy Carter for summary judgment dismissing so much of the complaint as asserted damages resulting from injuries sustained in the March 29, 2008 accident, unanimously reversed, on the law, without costs, and the cross motion denied.

On February 8, 2008, plaintiff pedestrian sustained injuries, including head trauma, as a result of being struck by defendants’ truck. Subsequently, on March 29, 2008, plaintiff was again injured when, while visiting an art gallery, she became dizzy and fell from a seven-foot-high loft to the concrete floor below. The record shows that after being struck by defendants’ vehicle, but prior to the March 2008 incident, plaintiff had suffered episodes of dizziness and disorientation.

SOPHIE MALLERET, plf-ap, v. FEDERAL EXPRESS CORPORATION def-res, HLR SERVICE CORPORATION, def

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