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HODGES v. JONES

238 A.D.2d 962 (1997)

661 N.Y.S.2d 159

Pearlie Hodges, Appellant, v. Fred D. Jones, Respondent

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

April 25, 1997

Order unanimously affirmed without costs.

Memorandum:

Defendant met his burden of submitting evidence to demonstrate that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Contrary to plaintiff's contention, that burden may be satisfied by submitting plaintiff's deposition testimony and the medical records of plaintiff that were supplied by plaintiff's counsel (see, Nigro v Penree,

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