DONGELEWIC v. MARCUS


6 A.D.3d 943 (2004)

774 N.Y.S.2d 841

BARBARA DONGELEWIC, Appellant, v. JOLENE MARCUS et al., Respondents.

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

April 22, 2004.


Kane, J.

Plaintiff commenced this personal injury action after her car was rear-ended by defendants' vehicle. Defendants moved for summary judgment, claiming that plaintiff did not suffer a serious injury under Insurance Law § 5102 (d). Supreme Court granted the motion and dismissed the complaint. Plaintiff appeals.

On this type of motion, if defendants submit admissible evidence demonstrating that plaintiff did not suffer a serious injury, the burden...

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