RAMPELLO v. FERGUSON


280 A.D.2d 986 (2001)

720 N.Y.S.2d 421

ANTHONY J. RAMPELLO et al., Respondents, v. SAMUEL FERGUSON, Appellant.

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

Decided February 7, 2001.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendant's motion seeking summary judgment dismissing the complaint on the ground that Anthony J. Rampello (plaintiff) did not sustain a serious injury in the motor vehicle accident on March 8, 1995 (see, Insurance Law § 5102 [d]). Defendant failed to make "a prima facie showing of entitlement to judgment as a matter of law by coming forward with competent proof...

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