JEFFERSON v. VILLAGE OF OSSINING


18 A.D.3d 502 (2005)

795 N.Y.S.2d 83

SHARON JEFFERSON, Respondent, v. VILLAGE OF OSSINING et al., Appellants.

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

May 9, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants' evidence, which consisted of the plaintiff's General Municipal Law § 50-h hearing and deposition testimony, medical records, and the affirmed report of their own examining physician, was sufficient to make a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d)...

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