GRULLON v. CHANG OK CHU


240 A.D.2d 367 (1997)

657 N.Y.S.2d 776

Margarita Grullon, Respondent, v. Chang Ok Chu et al., Appellants

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

June 2, 1997


Ordered that the order is affirmed, with costs.

The defendants contend that the court erred in vacating the order dated October 15, 1996, entered upon the plaintiff's default in personally appearing on the adjourned return date of the defendants' motion for summary judgment because she failed to establish the threshold requirement of demonstrating she sustained a serious injury as defined by Insurance Law § 5102 (d). We disagree. The plaintiff presented an affidavit...

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