ANDREWS v. NACHMAN


258 A.D.2d 607 (1999)

683 N.Y.S.2d 907

CONSTANTINE ANDREWS et al., Respondents, v. ABRAHAM A. NACHMAN, Appellant.

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

Decided February 22, 1999.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The medical evidence submitted by the defendant made out a prima facie case that the plaintiff Constantine Andrews (hereinafter Andrews) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The medical evidence which the plaintiffs submitted in opposition to the motion failed to raise a triable issue of fact on the issue...

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