CORDI v. DOGAN


270 A.D.2d 302 (2000)

705 N.Y.S.2d 243

ANNA M. CORDI, Appellant, v. ROY L. DOGAN et al., Respondents.

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

Decided March 13, 2000.


Ordered that the judgment is reversed, on the law, with costs, the motion is denied, the complaint is reinstated, and the order dated January 19, 1999, is modified accordingly.

The evidence submitted by the defendants demonstrated prima facie that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Thus, it was incumbent on the plaintiff to come forward with admissible proof to create an issue of fact (see, Gaddy...

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