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HORES v. GURALNICK

255 A.D.2d 292 (1998)

679 N.Y.S.2d 647

Eric R. Hores, Respondent, v. Lisa H. Guralnick et al., Appellants

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

November 2, 1998

Ordered that the order is reversed, on the law, with costs, the plaintiff's motion is denied, the order dated May 14, 1997, is reinstated, and the complaint is dismissed.

The defendants made out a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Thus, it was incumbent upon the plaintiff to come forward with sufficient evidence to raise an issue of fact...

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