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STOWELL v. SAFEE

251 A.D.2d 1026 (1998)

674 N.Y.S.2d 228

Sandra L. Stowell et al., Respondents, v. James Safee, Appellant

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

June 10, 1998

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying defendant's motion for summary judgment dismissing the complaint. Defendant met his initial burden of establishing a prima facie case that Sandra L. Stowell (plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 N.Y.2d 955

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