LUBERDA v. SPAMENI


303 A.D.2d 384 (2003)

755 N.Y.S.2d 662

DANIEL C. LUBERDA, Appellant, v. ANTHONY SPAMENI et al., Respondents.

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

Decided March 3, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the proposed amended verified bill of particulars attached to the cross motion is deemed served.

In support of their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), the defendants failed to establish their prima facie entitlement...

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