IFRACH v. NEIMAN


306 A.D.2d 380 (2003)

760 N.Y.S.2d 866

ABRAHAM IFRACH, Appellant, v. JACOB NEIMAN et al., Respondents.

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

Decided June 16, 2003.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. The defendants established a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Gaddy v Eyler, 79 N.Y.2d 955 [1992]). In opposition, the plaintiff failed to submit...

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