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HOFFMAN v. NOGARO

247 A.D.2d 365 (1998)

667 N.Y.S.2d 943

Annarose Hoffman, an Infant, by Her Parent and Natural Guardian, Virginia Hoffman, et al., Respondents, v. Vincent Nogaro, Appellant, et al., Defendant

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

February 2, 1998

Ordered that the order is affirmed, with costs.

The appellant had the initial burden of establishing a prima facie entitlement to judgment as a matter of law by demonstrating that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957). Under the circumstances of this case, the...

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