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PATTERSON v. ARSHAD

209 A.D.2d 232 (1994)

618 N.Y.S.2d 1025

Lizabeth L. Patterson, Respondent, v. Latif Arshad et al., Defendants, and Norman S. Anthony et al., Appellants

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

November 10, 1994

The medical evidence submitted by the moving defendants was contradictory and inconclusive with respect to whether or not plaintiff's injuries were "serious" as defined by Insurance Law § 5102. Accordingly, since defendants failed to make a prima facie showing of entitlement to judgment as a matter of law, the motion was properly denied regardless of the sufficiency of the opposing papers (Winegrad v New York Univ...

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