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WELCOME v. DIAB

273 A.D.2d 377 (2000)

711 N.Y.S.2d 329

IONA WELCOME, Appellant, et al., Plaintiff, v. MAHMOUD DIAB, Respondent.

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

Decided June 19, 2000.

Ordered that the order is affirmed, with costs.

The defendant made a prima facie showing of entitlement to judgment as a matter of law (see, Gaddy v Eyler, 79 N.Y.2d 955). In opposition, the appellant failed to raise an issue of fact as to whether she had sustained a serious injury within the meaning of Insurance Law § 5102 (d). While the affirmations of the appellant's treating and examining physicians purported to...

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