GIRALDO v. MANDANICI


24 A.D.3d 419 (2005)

805 N.Y.S.2d 124

JORGE A. GIRALDO, Appellant, v. JOSEPH J. MANDANICI et al., Respondents.

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

December 5, 2005.


Ordered that the order is affirmed, with costs to the respondents Joseph J. Mandanici and Town of Islip.

Contrary to the plaintiff's arguments, the defendants' evidence, consisting of the plaintiff's deposition testimony and hospital records, and the affirmed report of the orthopedist who performed an independent medical examination, established, prima facie, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (...

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