Wednesday, February 16, 2011

Court Dismisses Action In Favor of Non-Appealing Party

In Ikeda v. Hussain, the First Department reversed the denial of defendant Hussain's motion for summary judgment on threshold serious injury grounds, granted the motion and dismissed the plaintiff's complaint. Upon a search of the record, the Court also granted the cross-motion of non-appealing co-defendants, Christine and Samantha Brooks. The Court held "if plaintiff cannot meet the threshold for serious injury against one defendant, [she] cannot meet it against [others]" (citing Taylor v Vasquez, 58 AD3d 406, 408 [2009] [internal quotation marks omitted]).

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