KULANDA v. PONCE


13 A.D.3d 592 (2004)

786 N.Y.S.2d 339

ANNE MARIE KULANDA et al., Appellants, v. NELSON PONCE 3RD et al., Respondents.

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

December 27, 2004.


Ordered that the order is affirmed, with costs.

The defendants made a prima facie showing that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d) through the submission of the affirmed medical reports of an orthopedist and a neurologist, who examined both of the plaintiffs approximately one year and three months after the accident, and determined that neither of them had any permanent injury nor any disability...

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