PAGANO v. KINGSBURY


182 A.D.2d 268 (1992)

Anthony Pagano et al., Respondents, v. Patricia Kingsbury et al., Defendants and Third-Party Plaintiffs-Appellants. Arnold Migliaccio & Son, Third-Party Defendant-Respondent

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

September 14, 1992


Attorney(s) appearing for the Case

Pizzitola & Inzerillo, Smithtown (Gary A. Pagliarello of counsel), for defendants and third-party plaintiffs-appellants.

Peter J. Eliseo, Garden City, for respondents.

SULLIVAN, HARWOOD and O'BRIEN, JJ., concur.


MANGANO, P. J.

On this appeal, we are called on to determine the exact nature of proof required to be submitted in support of, and in opposition to, a motion for summary judgment which seeks to establish, prima facie, a plaintiff's failure to sustain a "serious injury" within the meaning of Insurance Law § 5102 (d).

I

The plaintiff Anthony Pagano was injured on December 17, 1985, when...

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