DEFREESE v. RYAN SANITATION CORP.


125 A.D.2d 289 (1986)

Joyce R. Defreese et al., Appellants, v. Ryan Sanitation Corporation et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 1986


Ordered that the order is reversed, on the law, the motion is denied and the complaint is reinstated.

The defendants have failed to meet their initial burden of establishing as a matter of law that the plaintiff did not suffer serious injury as defined in Insurance Law § 5102 (d) (see, Licari v Elliott, 57 N.Y.2d 230; Zoldas v Louise Cab Corp., 108 A.D.2d 378, 381;

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