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O'HEARN v. GALLAGHER

220 A.D.2d 730 (1995)

633 N.Y.S.2d 984

Tanya O'Hearn, Appellant, v. Shawn F. Gallagher et al., Respondents

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

October 30, 1995

Ordered that the order is affirmed insofar as appealed from, with costs to the respondents Peter Posner and Marsha A. Posner.

The record shows that the plaintiff did not meet her burden of establishing "serious injury" as defined in Insurance Law § 5102 (d). Consequently, the court properly granted the defendants' respective motion and cross motion for summary judgment dismissing the complaint (see, Licari v Elliott, 57 N.Y.2d 230...

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