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HENRY v. VICTOR TEMPLE

231 A.D.2d 676 (1996)

647 N.Y.S.2d 980

Dalevera Henry, Respondent, v. Victor Temple, Respondent, and Mary Beth Petrozzo, Appellant

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

September 30, 1996

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the appellant's motion for summary judgment is granted, the complaint and cross claims are dismissed as against the appellant, and the action against the remaining defendant is severed.

The evidence submitted by the appellant made out a prima facie case that the plaintiff had not sustained a serious injury as defined by Insurance Law §...

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