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ARIEL v. PRAKOPF

276 A.D.2d 514 (2000)

716 N.Y.S.2d 576

MOSHE ARIEL et al., Respondents, v. THEODORE A. PRAKOPF et al., Appellants.

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

Decided October 10, 2000.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the defendants failed to submit sufficient evidence to establish as a matter of law that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Chaplin v Taylor, 273 A.D.2d 188; Mariaca-Olmos v Mizrhy, 226 A.D.2d 437; Flanagan v Hoeg,<...

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