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FRANCHINI v. PALMIERI

1 N.Y.3d 536 (2003)

807 N.E.2d 282

775 N.Y.S.2d 232

ROSEANNE FRANCHINI et al., Appellants, v. SUZANNE PALMIERI, Respondent.

Court of Appeals of the State of New York.

Decided November 25, 2003.

Attorney(s) appearing for the Case

DeLorenzo Law Firm, LLP, Schenectady (Thomas E. DeLorenzo of counsel), for appellants.

Thuillez, Ford, Gold, Johnson & Butler, LLP, Albany (Debra J. Young of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In this negligence action to recover for injuries allegedly sustained in a motor vehicle accident, defendant properly relied on medical records and reports prepared by plaintiff's treating physicians to establish that plaintiff did not suffer a serious injury causally related to the accident. Defendant having established prima facie entitlement to...

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