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SCHIFANO v. GOLDEN

268 A.D.2d 335 (2000)

701 N.Y.S.2d 406

LEAH SCHIFANO et al., Appellants, v. HELEN GOLDEN et al., Respondents.

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

Decided January 20, 2000.

In our view, plaintiff presented sufficient objective evidence to demonstrate the existence of a triable issue of fact as to whether she sustained a serious injury within the meaning of section 5102 (d) of the Insurance Law. We agree with the IAS Court that the unsworn MRI report of Dr. DeNise does not constitute evidentiary proof in admissible form sufficient to defeat the motions (Rodriguez v Goldstein, 182 A.D.2d 396; Braham...

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