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ELDRED v. STODDARD

217 A.D.2d 952 (1995)

630 N.Y.S.2d 171

Sondra Eldred et al., Respondents, v. Matthew L. Stoddard et al., Appellants

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

July 14, 1995

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Defendants sustained their burden of establishing prima facie that Sondra Eldred (plaintiff) did not sustain a serious injury. The burden thus shifted to plaintiff to come forward with evidence that she suffered a serious injury within one of several categories enumerated in the statute (see, Insurance Law § 5102 [d]; Shames v Murtha...

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