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BETHEIL-SPITZ v. LINARES

276 A.D.2d 732 (2000)

715 N.Y.S.2d 435

TAMARA BETHEIL-SPITZ et al., Appellants, v. EDWIN LINARES et al., Respondents.

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

Decided October 30, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment. The defendants established a prima facie case that the injured plaintiff, Tamara Betheil-Spitz, did not sustain a serious injury in the underlying accident (see, Gaddy v Eyler, 79 N.Y.2d 955), thereby shifting the burden to the plaintiffs to demonstrate by admissible evidence that the injured plaintiff...

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