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MENDOLA v. DEMETRES

212 A.D.2d 515 (1995)

622 N.Y.S.2d 309

Angel Mendola et al., Respondents, v. Sonja L. Demetres, Defendant, and Beverly Rathgeber et al., Appellants

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

February 6, 1995

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellants' contention, the Supreme Court properly denied their motion for summary judgment, holding that they failed to establish that the plaintiff Angel Mendola did not sustain a "serious injury" within the meaning of Insurance Law § 5102 (d) (see generally, Gaddy v Eyler, 79 N.Y.2d 955). In support of their motion for...

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