ZAFFUTO v. MARTORANO


161 A.D.2d 639 (1990)

Martha Zaffuto, an Infant, by Her Father and Natural Guardian, Joseph Zaffuto, Respondent, v. Elena Martorano et al., Defendants, and Paul Brown, Appellant

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

May 14, 1990


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as it is against the defendant Brown, and the action against the remaining defendants is severed.

Contrary to the conclusions of the Supreme Court, we find that the plaintiff has failed to meet her burden of establishing a prima facie case of "serious injury" as defined in Insurance Law § 5102 (d). The record establishes that the plaintiff...

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