PIRROTTA v. LATORRE


292 A.D.2d 435 (2002)

738 N.Y.S.2d 872

GIOVANNA PIRROTTA et al., Appellants, v. GERMAN M. LATORRE et al., Respondents.

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

Decided March 11, 2002.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' cross motion for summary judgment dismissing the complaint. The defendants submitted admissible evidence demonstrating that the plaintiff Giovanna Pirrotta did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The plaintiffs failed to come forward with admissible evidence sufficient to raise a triable issue of fact (see, Licari v Elliott...

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