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CHRISTINA COLON plfap, v. CHRISTINA TORRES, def-res, “JOHN DOE,” ETC., def

10019. CHRISTINA COLON plfap, v. CHRISTINA TORRES, def-res, "JOHN DOE," ETC., def — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for ap — Law Offices of Michael A. Barnett, Garden City (Jay M. Weinstein of counsel), for res — Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered June 29, 2012, which, upon the parties' motions for summary judgment, dismissed the complaint in its entirety based upon the failure to establish a serious injury within the meaning of Insurance Law §5102(d), unanimously affirmed, without costs.

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10019. CHRISTINA COLON plfap, v. CHRISTINA TORRES, def-res, “JOHN DOE,” ETC., def — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for ap — Law Offices of Michael A. Barnett, Garden City (Jay M. Weinstein of counsel), for res — Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered June 29, 2012, which, upon the parties’ motions for summary judgment, dismissed the complaint in its entirety based upon the failure to establish a serious injury within the meaning of Insurance Law §5102(d), unanimously affirmed, without costs.

The motion court properly considered defendant Torres’ supplemental submission of medical reports relative to plaintiff Christina Colon, since Torres’ counsel demonstrated that the failure to annex such medical affirmations was the result of a clerical error. Moreover, the affirmations had been provided to plaintiffs, who were not prejudiced by their delayed submission to the court (see Tierney v. Girardi, 86 AD3d 447, 448 [1st Dept 2011]; compare Ostrov v. Rozbruch, 91 AD3d 147 [1st Dept 2012]).

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