KOMINIK v. RODRIGUEZ


273 A.D.2d 358 (2000)

710 N.Y.S.2d 911

PATRICIA KOMINIK, Respondent, v. ELIAS RODRIGUEZ et al., Appellants, et al., Defendant.

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

Decided June 19, 2000.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the appellants' motion which was for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). While the appellants made a prima facie showing that the plaintiff did not sustain a serious injury, the plaintiff submitted sufficient evidence to raise a triable issue of...

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