SIGONA v. NEW YORK CITY TRANSIT AUTH.


255 A.D.2d 231 (1998)

680 N.Y.S.2d 228

Salvatore Sigona et al., Appellants, v. New York City Transit Authority et al., Respondents, et al., Defendants

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

November 19, 1998


The motion to dismiss the complaint was properly granted since defendants made a sufficient prima facie showing that Mr. Sigona had not suffered serious injury within the meaning of Insurance Law § 5102 (d) and plaintiffs, in response, did not come forward with evidence raising a triable issue. In this connection, we note that there is no indication as to whether the medical diagnoses upon which plaintiffs rely are based on objective tests or merely upon plaintiff's...

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