VENTURA v. MORITZ


255 A.D.2d 506 (1998)

680 N.Y.S.2d 176

Oscar Ventura, Appellant, v. Dawn Moritz, Respondent

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

November 23, 1998


Ordered that the order is reversed, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff met his burden, in opposition to the defendant's motion, by submitting sufficient evidence creating a triable issue of fact with regard to his claim that he sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957). The plaintiff submitted...

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