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Zenonos v Marchetta 2004 NY Slip Op 30316(U) November 17, 2004 Supreme Court, Suffolk County Docket Number: 30450-02 Judge: Peter Fox Cohalan Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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SHORT FPRM ORDER

Index No.: 30450-02 Ret. Date: 3-17-04 Mot. Seq. #OOl SUPREME COURT - STATE OF NEW YORK IAS PART XXIV, SUFFOLK COUNTY PRESENT : Hon. PETER FOX COHALAN
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CALENDAR DATE: September 15, 2004 MNEMONIC: MD PLTF'S/PET'S ATTY: MICHAEL S. LANGELLA, P.C. 2459 Ocean Ave. Ronkonkoma, NY 11779 DEFT'S/RESP'S ATTY: ROBERT P. TUSA, ESQ. 898 Veterans Mem. Highway Hauppauge, NY 11788

MANDY ZENONOS and DIN0 ZENONOS, Plaintiffs, -against:

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THOMASINA MARCHETTA, Defendant.
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Upon the following papers numbered 1 to 26 read on this motion for summarv iudcrment Notice of Motion/Order to Show Cause and supporting papers 1-14 Notice of Cross-Motion and supporting papers ; Answering Affidavits and supporting papers 15-22 Replying Affidavits and supporting papers 23-26 ; Other ; (and after hearing counsel in support of and opposed to the motion) it is,
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ORDERED that this motion by the defendant, Thomasina

Marchetta, for summary judgment and dismissal of plaintiffs' complaint pursuant to CPLR 53212 and Insurance Law 55102 and 5104 on the ground that the plaintiff has not sustained a "serious physical injury" as such term is defined in Insurance Law 55102(d) is hereby denied in its
entirety.

Plaintiffs instituted this action seeking damages for personal injuries allegedly sustained in a motor vehicle accident occurring on September 15, 2001 at the intersection of Neighborhood Road and Daisy Drive in Mastic Beach, Suffolk County on Long Island, New York. Plaintiff Mandy Zenonos claims that she was proceeding northbound in her motor vehicle on Daisy Drive at approximately 9:15 a.m. and was in the intersection when her vehicle struck the defendant's vehicle traveling eastbound on Neighborhood Road. Plaintiff was removed from the scene by ambulance and treated at Brookhaven Hospital. Plaintiff claims to have sustained a h e r n i a t e d d i s c of t h e c e r v i c a l spine a t C4-C5 a s a r e s u l t of this accident. This lawsuit thereafter ensued. Defendant now moves for summary judgment pursuant to CPLR 53212 dismissing plaintiff's complaint on the grounds that the plaintiff

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Zenonos v. Marchetta Page #2

Mandy Zenonos has not sustained a "serious physical injury" as that term is defined in Insurance Law

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