PONTERELLA v. CHIARELLA


248 A.D.2d 607 (1998)

669 N.Y.S.2d 941

Rosalie Ponterella et al., Respondents, v. Faye Chiarella, Appellant. (And Two Third-Party Actions.)

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

March 23, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion for summary judgment is granted, and the complaint is dismissed.

The affirmed reports authored by Dr. Roy H. Brown and Dr. Chandra M. Sharma which were submitted by the defendant in support of her motion made out a prima facie case that the plaintiff Rosalie Ponterella did not sustain a serious injury as defined by Insurance Law § 5102 (d).

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