ESTEVEZ v. MANOS


264 A.D.2d 754 (1999)

695 N.Y.S.2d 374

JORGE ESTEVEZ, Plaintiff, and MARIA ESTEVEZ, Appellant, v. ANDREW E. MANOS, Respondent.

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

Decided September 20, 1999.


Ordered that the order is reversed insofar as appealed from, with costs, and the branch of the motion which was to dismiss the complaint insofar as asserted by the appellant is denied.

While the medical evidence submitted by the defendant in support of his motion for summary judgment established a prima facie case that the appellant did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), the affidavit sworn to by osteopath Lisa Marx,...

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