MAROTTA v. MASTROIANNI


273 A.D.2d 206 (2000)

708 N.Y.S.2d 466

DESIREE MAROTTA, Appellant, v. MARIO MASTROIANNI, Respondent.

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

Decided June 5, 2000.


Ordered that the order is affirmed, with costs.

The medical evidence submitted by the defendants in support of their motion for summary judgment made out a prima facie case that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

The plaintiff's affidavit, consisting merely of subjective complaints of pain, was insufficient to raise a triable issue of fact...

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