DEL v. EBERHART CONSTRUCTION CO.


259 A.D.2d 589 (1999)

686 N.Y.S.2d 501

MARIANA D. DEL et al., Respondents, v. EBERHART CONSTRUCTION CO. et al., Appellants.

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

Decided March 15, 1999.


Ordered that the order is affirmed, with costs.

The medical reports submitted by the defendants in support of their motion for summary judgment were affirmed under penalty of perjury (see, CPLR 2106) and made out a prima facie case that the plaintiff Mariana Donoso Del did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). However, the affirmation of Dr. Jose Acevedo which the plaintiffs...

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