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10050. CARLOS J. CRUZ plf-ap, v. G. MARTINEZ, JR. def-res — Mallilo & Grossman, Flushing (Francesco Pomara, Jr. of counsel), for ap — Law Offices of Burke, Gorden & Conway, White Plains (Sami P. Nasser of counsel), for res — Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about April 11, 2012, which granted defendants’ motion for summary judgment dismissing the complaint based on the failure to establish a serious injury pursuant to Insurance Law §5102(d), unanimously affirmed, without costs.

Plaintiffs Cruz and Peralta, and Peralta’s then 13-year-old son, Peter Clark, allege that they suffered serious injuries in a motor vehicle accident that occurred in December 2008. Cruz alleged permanent injury to his neck and back, Peralta alleged permanent injury to her lower back, and Clark alleged various injuries, including anxiety disorder and facial lacerations.

 
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