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CRACCHIOLO v. ROSTKOWSKI

255 A.D.2d 545 (1998)

680 N.Y.S.2d 868

Vita Cracchiolo et al., Appellants, v. Chester Rostkowski et al., Respondents

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

November 30, 1998

Ordered that the order is reversed, on the law, with one bill of costs to the respondents appearing separately and filing separate briefs, and the motions are denied.

The defendants' motion papers failed to establish a prima facie case that the injured plaintiff's injuries are not serious within the meaning of Insurance Law § 5102 (d) (see, Rosmarin v Lamontanaro, 238 A.D.2d 567; Flanagan v Hoeg,

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