TANEL v. RAJWAN


13 A.D.3d 613 (2004)

786 N.Y.S.2d 363

ZEVELON TANEL et al., Appellants, v. ODETTE RAJWAN 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 reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

In opposition to the defendants' prima facie showing that the plaintiff Zevelon Tanel did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), the plaintiffs submitted sufficient proof to raise a triable issue of fact (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]; Gaddy...

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