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MARTINEZ v. BERNAL

303 A.D.2d 726 (2003)

756 N.Y.S.2d 864

GRACIELA B. MARTINEZ, Appellant, et al., Plaintiff, v. RODOLFO S. BERNAL et al., Respondents.

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

Decided March 31, 2003.

Ordered that the order is affirmed, with costs.

The defendants established a prima facie showing of entitlement to summary judgment by demonstrating that the plaintiff Graciela B. Martinez did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Thus, it was incumbent on her to come forward with admissible evidence to create an issue of fact (see Gaddy v Eyler, 79 N.Y...

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