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AGF&J team continues streak in defeating “serious injury” claims in Bronx auto cases

Ross v. Arroyo, Supreme Court, Bronx County, Index No. 309161/2010

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A Decision and Order of the Honorable Justice Ben A. Barbato extended a string of successes for AGF&J Partner Irwin Miller and Associate Dennis Monaco, in cases involving claims of “serious injury” resulting from auto accidents. The Court granted summary judgment holding that the plaintiff failed to rebut a showing that she had not satisfied the serious injury threshold under Insurance Law section 5102(d). Plaintiff alleged a rear-end collision at an intersection in the northern Bronx.

The Decision in this matter marks the third time this year that a Bronx Court has found for an AGF&J client on issues relating to the serious injury threshold. (See Newswire April 20, 2012; July 20, 2012.)