FASULO v. LUKACH


239 A.D.2d 462 (1997)

658 N.Y.S.2d 967

Ernest Fasulo, Respondent, v. Simon Lukach, Appellant

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

May 19, 1997


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant presented sufficient evidence to demonstrate, as a matter of law, that the plaintiff did not sustain any serious injuries within the meaning of Insurance Law § 5102 (d). In opposition, the plaintiff proffered evidence which failed to demonstrate a "permanent consequential limitation of use of a body organ or member", or a "significant...

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