GANT v. SPARACINO


203 A.D.2d 515 (1994)

612 N.Y.S.2d 952

Keithlyn Gant, Respondent, v. Michael Sparacino, Appellant

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

April 25, 1994


Ordered that the order is affirmed, with costs.

There is evidence in the record that, as a result of injuries suffered in an automobile accident with the defendant, the plaintiff was out of work for 16 weeks. This fact, if true, is sufficient to meet the threshold requirement of Insurance Law § 5102 (d) that the plaintiff make a prima facie showing of "serious injury". A court in deciding a summary judgment motion must view all the evidence in the light...

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