RUT v. GRIGONIS


214 A.D.2d 721 (1995)

625 N.Y.S.2d 633

Deborah Rut, Appellant, v. Susan Grigonis, Respondent

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

April 24, 1995


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff met her burden, in opposition to the defendant's motion which established a prima facie case for summary judgment, by submitting sufficient evidence creating a triable issue of fact with regard to her claim that she sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler,

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