SHMUKLER v. SHPILBERG


306 A.D.2d 398 (2003)

760 N.Y.S.2d 880

SARRA SHMUKLER, Respondent, v. LARISA SHPILBERG et al., Defendants, and ROSARIO GRASSO et al., Appellants.

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, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

The appellants established their prima facie entitlement to summary judgment by submitting, among other things, affirmations of their examining physicians, which indicated that the plaintiff did not sustain a serious injury within...

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