PERALTA v. CARTA


298 A.D.2d 373 (2002)

751 N.Y.S.2d 246

EVELYN PERALTA et al., Respondents, v. RICHARD CARTA et al., Appellants.

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

Decided October 7, 2002.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint on the ground that the plaintiff Evelyn Peralta did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) is granted, and the complaint is dismissed.

The defendants established their prima facie entitlement to summary judgment dismissing the complaint by submitting evidence...

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