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GABIANELLI v. GERARDI

175 A.D.2d 468 (1991)

Carol M. Gabianelli et al., Appellants, v. Christina Gerardi, Respondent

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

July 18, 1991

Casey, J.

Because defendant satisfied her burden of submitting proof in admissible form that plaintiff Carol M. Gabianelli (hereinafter plaintiff) had not sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see, Rapp v Suriano, 162 A.D.2d 837), plaintiff bore the burden of establishing a prima facie case of serious injury (see<...

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