LLORENS v. DUPA


289 A.D.2d 539 (2001)

735 N.Y.S.2d 792

LUZ M. LLORENS, Individually and as Parent and Natural Guardian of MIGUEL LLORENS, an Infant, et al., Respondents, v. BALGREEN DUPA et al., Appellants.

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

Decided December 31, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Contrary to the conclusion reached by the Supreme Court, the defendants made a prima facie showing of entitlement to judgment as a matter of law by submitting affirmed medical reports by their examining physicians demonstrating that the plaintiffs did not sustain serious injuries within the meaning of Insurance Law § 5102 (d) (see, CPLR 2106...

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