ELGENDY v. NIERADKO


307 A.D.2d 251 (2003)

762 N.Y.S.2d 275

ELMETWALLY M. ELGENDY, Respondent, v. ANDREZJ NIERADKO et al., Appellants, et al., Defendants.

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

Decided July 7, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the first cause of action is dismissed insofar as asserted against the appellants.

The appellants established a prima facie entitlement to summary judgment dismissing the first cause of action insofar as asserted against them by submitting, among other things, affirmations of their examining physicians, which indicated that the plaintiff did not sustain a serious injury within the...

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