RUDAS v. PETSCHAUER


10 A.D.3d 357 (2004)

781 N.Y.S.2d 120

HOMERO A. RUDAS et al., Respondents, et al., Plaintiff, v. JAMES PETSCHAUER et al., Defendants, and MILAGROS LAZO, Appellant.

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

Decided August 2, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint insofar as asserted against the defendant Milagros Lazo by the plaintiffs Homero A. Rudas and Jason Pinzon is dismissed, and the action against the remaining defendants is severed.

The defendant Milagros Lazo made a prima facie showing that the plaintiffs Homero A. Rudas and Jason Pinzon did not sustain serious injuries within the meaning of Insurance Law § 5102 ...

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