PENZONE v. ALDENTON


306 A.D.2d 392 (2003)

760 N.Y.S.2d 890

DEBRA PENZONE et al., Appellants, v. PATRICIA E. ALDENTON 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 reversed insofar as appealed from, on the law, with costs, upon reargument, the original determination is adhered to, and the order dated May 22, 2002, is reinstated.

The defendants established their prima facie entitlement to summary judgment by submitting affirmations of their examining physicians indicating that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Kallicharan...

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