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JUNCO v. RANZI

288 A.D.2d 440 (2001)

733 N.Y.S.2d 897

LOUIS A. JUNCO, Respondent, v. ALPHONSE RANZI et al., Appellants.

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

Decided November 26, 2001.

Ordered that the order is affirmed, with costs.

In support of their motion for summary judgment dismissing the complaint, the defendants failed to establish prima facie their entitlement to judgment as a matter of law dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 N.Y.2d 955). The affirmed report of the...

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