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BEAUBRUN v. NEW YORK CITY TRANSIT AUTHORITY

9 A.D.3d 258 (2004)

779 N.Y.S.2d 201

EMILIANO BEAUBRUN, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents, et al., Defendant.

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

July 1, 2004.

After defendants demonstrated their entitlement to summary judgment on the issue of serious injury, plaintiff, injured in a collision with defendant Transit Authority's bus while riding in defendant Unimet's vehicle, failed to meet his burden of producing evidence sufficient to raise a triable issue of fact as to whether his injuries met the "serious injury" criteria of Insurance Law § 5102 (d). Plaintiff's contention that he...

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