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URBANSKI v. MULIERI

287 A.D.2d 710 (2001)

732 N.Y.S.2d 89

DOROTHY URBANSKI et al., Respondents, v. MILLICENT MULIERI, Appellant.

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

Decided October 29, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiffs leave to reargue (see, CPLR 2221 [d] [2]). Furthermore, the Supreme Court, upon reargument, properly vacated its prior order and denied the defendant's motion for summary judgment dismissing the complaint, as she failed to establish a prima facie case that the injured plaintiff did not sustain a serious injury within the meaning...

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