SCHREIBER v. JIMENEZ


258 A.D.2d 638 (1999)

685 N.Y.S.2d 800

JENNIFER SCHREIBER, Respondent, v. BLADIMIR JIMENEZ et al., Appellants.

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 defendants' submissions in support of their motion for summary judgment made out a prima facie case that the plaintiff did not suffer a serious physical injury within the meaning of Insurance Law § 5102 (d). In opposition, the plaintiff failed to raise a triable issue of fact as to whether she missed 90 days of work during the 180-day period...

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