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LOPINTO v. GUZZO

274 A.D.2d 419 (2000)

711 N.Y.S.2d 763

FRANCIS J. LOPINTO, Respondent, v. ANTOINETTE GUZZO, Appellant.

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

Decided July 10, 2000.

Ordered that the order is affirmed, without costs or disbursements.

The defendant's motion established a prima facie case for summary judgment in her favor. However, the plaintiff submitted sufficient evidence to create a triable issue of fact with regard to his claim that he sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957). The plaintiff submitted...

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