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SAYAS v. MERRICK TRANSPORTATION

23 A.D.3d 367 (2005)

804 N.Y.S.2d 769

DORIS SAYAS et al., Appellants, v. MERRICK TRANSPORTATION et al., Respondents.

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

November 7, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondents Merrick Transportation and James Eldridge.

The defendants made a prima facie showing that the plaintiff Doris Sayas (hereinafter the plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) through the submission of the affirmed medical report of a neurologist who found no objective evidence that the plaintiff was suffering from any disability...

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