IZZO v. RUFF


2 A.D.3d 687 (2003)

768 N.Y.S.2d 624

THEODORE A. IZZO, Appellant, v. FLOYD G. RUFF, Respondent.

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

December 22, 2003.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant made a prima facie showing of his entitlement to summary judgment by submitting the medical records of the plaintiff's own treating physicians which established that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject motor vehicle accident (see Toure v Avis Rent A Car Sys., 98 N.Y...

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