LINARES v. MOMPOINT


273 A.D.2d 446 (2000)

711 N.Y.S.2d 741

ORBELINA LINARES, Appellant, v. MICHAEL MOMPOINT et al., Respondents.

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

Decided June 26, 2000.


Ordered that the order is affirmed, with costs.

The respondents established prima facie entitlement to summary judgment by submitting evidence demonstrating that the plaintiff did not sustain a serious injury (see, Insurance Law § 5102 [d]). Thus, it was incumbent upon the plaintiff to raise a triable issue of fact on that issue. In order to do so, the plaintiff was required to submit objective evidence of the extent or degree of the alleged limitation...

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