SOTO v. FOGG


255 A.D.2d 502 (1998)

680 N.Y.S.2d 174

Joann Soto et al., Appellants, v. Juanita Fogg, Respondent

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

November 23, 1998


Ordered that the order is affirmed, with costs.

The Supreme Court correctly granted the defendant's motion for summary judgment. The defendant established a prima facie case that the injured plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 N.Y.2d 955). The injured plaintiff's subjective complaints of pain, as contained in her affidavit submitted in...

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