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BADANOWSKI v. ZAMBRANA

280 A.D.2d 567 (2001)

720 N.Y.S.2d 794

NILLI BADANOWSKI, Appellant, v. ERIC ZAMBRANA et al., Respondents, et al., Defendants.

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

Decided February 20, 2001.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The physicians' affirmations submitted by the defendants Eric Zambrana and Scott Seltzer in support of their separate motions for summary judgment made out a prima facie case (see, CPLR 3212 [b]) that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The burden therefore shifted to the plaintiff to come forward with sufficient...

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