LINCOLN v. JOHNSON


225 A.D.2d 593 (1996)

639 N.Y.S.2d 124

Sakina Lincoln, Respondent, v. Dwight Johnson, Defendant, and J & M Beer & Soda Distributors et al., Appellants

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

March 11, 1996


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion by the appellants is granted, and the complaint is dismissed insofar as asserted against the appellants.

The appellants made a prima facie showing that the plaintiff had not sustained a "serious injury" as defined by Insurance Law § 5102 (d). The plaintiff's affidavit, which consisted of subjective complaints of pain, was insufficient to raise a triable issue of fact...

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