RUSTAM v. ALLIE


234 A.D.2d 355 (1996)

651 N.Y.S.2d 880

Mohamed Rustam et al., Appellants, v. Azad Allie, Respondent. (And a Third-Party Action.)

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

December 9, 1996


Ordered that the judgment is affirmed, with costs.

The defendant met his burden of demonstrating that the injured plaintiff did not suffer from any condition defined in the Insurance Law as a serious injury (see, Insurance Law § 5102 [d]). Plainly, the nature of the injured plaintiff's cervical and lumbar injuries are insignificant within the meaning of the No-Fault statute (see, Rhind v Naylor...

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