MOSHEYEVA v. DISTEFANO


288 A.D.2d 448 (2001)

733 N.Y.S.2d 499

BORIS MOSHEYEVA et al., Respondents, v. JOSEPH DISTEFANO 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 reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the motion is granted, and the complaint is dismissed.

The plaintiffs were allegedly injured in an automobile accident on August 6, 1997. By notice of motion dated July 25, 2000, the defendants moved for summary judgment dismissing the complaint on the ground that neither plaintiff sustained a serious injury within the meaning of Insurance Law §...

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