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JUAN SALDARRIAGA ap, v. GERMAN MORENO, ET AL., def, NICHOLAS VIOLA, res

JUAN SALDARRIAGA ap, v. GERMAN MORENO, ET AL., def, NICHOLAS VIOLA, res — (INDEX NO. 4465/05) In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Agate, J.), entered May 26, 2011, as granted that branch of the motion of the defendant Nicholas Viola which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Juan Saldarriaga against him on the ground that the plaintiff Juan Saldarriaga did not sustain a serious injury within the meaning of Insurance Law §5102(d) as a result of the subject accident.

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JUAN SALDARRIAGA ap, v. GERMAN MORENO, ET AL., def, NICHOLAS VIOLA, res — (INDEX NO. 4465/05) In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Agate, J.), entered May 26, 2011, as granted that branch of the motion of the defendant Nicholas Viola which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Juan Saldarriaga against him on the ground that the plaintiff Juan Saldarriaga 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 by the plaintiff Alvaro Saldarriaga is dismissed, as he is not aggrieved by the portion of the order appealed from see CPLR 5511); and it is further,

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