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PEROTTE v. NEW YORK CITY TRANSIT AUTH.

250 A.D.2d 746 (1998)

673 N.Y.S.2d 442

Giselle Perotte, an Infant, by Her Mother and Natural Guardian, Ethelma Harper, et al., Appellants, v. New York City Transit Authority et al., Respondents

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

May 18, 1998

Ordered that the order is affirmed, with one bill of costs, payable by the respondents appearing separately and filing separate briefs.

In support of their respective motions for summary judgment, the defendants submitted the sworn reports of their examining physicians which indicated that the infant plaintiff had not sustained a serious injury within the meaning of Insurance Law § 5102 (d). Accordingly, the defendants established, prima facie, that the infant...

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