GUARDADO v. CORTEZ


269 A.D.2d 425 (2000)

702 N.Y.S.2d 915

JENNIFER GUARDADO, Plaintiff, v. DIANE M. CORTEZ et al., Defendants. (Action No. 1.) LISBETH ALVAREZ, Appellant, v. JENNIFER E. GUARDADO, Defendant, and DIANE M. CORTEZ et al., Respondents. (Action No. 2.)

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

Decided February 14, 2000.


Ordered that the order is affirmed, with costs.

The reports prepared by a neurologist and an orthopedist, which were affirmed under the penalties of perjury, established a prima facie case that the appellant did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The medical evidence submitted by the appellant did not raise a triable issue of fact (see, CPLR...

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