CORRELL v. GOODE


6 A.D.3d 381 (2004)

773 N.Y.S.2d 893

KYLE CORRELL, Appellant, v. JANNIE C. GOODE et al., Respondents, et al., Defendant.

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

April 5, 2004.


Ordered that the order is reversed, on the law, with costs, the motions are denied, and the complaint is reinstated against the respondents.

There exists a triable issue of fact as to whether the plaintiff sustained a "serious injury" within the meaning of Insurance Law § 5102 (d). After the respondents made a prima facie showing of entitlement to judgment as a matter of law, the plaintiff submitted evidence in admissible form demonstrating that he sustained...

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