MUNOZ v. GARAY


238 A.D.2d 555 (1997)

657 N.Y.S.2d 953

Rosa Munoz, Appellant, v. Martin Garay, Respondent

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

April 28, 1997


Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court that the defendant submitted admissible evidence demonstrating that the plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), and that the plaintiff failed to come forward with competent evidence to create an issue of fact (see, Scheer v Koubek, 70 N.Y.2d 678; Campbell v Finke...

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