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CASTELLON v. ORTEZ

297 A.D.2d 699 (2002)

747 N.Y.S.2d 387

MANUEL A. CASTELLON, Respondent, v. ANIBAL O. ORTEZ et al., Appellants.

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

Decided September 23, 2002.

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

In opposition to the defendant's prima facie showing of entitlement to judgment as a matter or law, the plaintiff met his burden of demonstrating the existence of a triable issue of fact with respect to whether he sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see Stark v Amadio, 239 A.D.2d 569; Rut v Grigonis,

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