TALABI v. DIALLO


32 A.D.3d 1014 (2006)

820 N.Y.S.2d 904

FATIMAT TALABI et al., Respondents, v. MAMADOU D. DIALLO et al., Appellants.

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

September 26, 2006.


Ordered that the order is affirmed, with costs.

In support of their motion for summary judgment dismissing the complaint, the defendants failed to make a prima facie showing that the plaintiff Fatimat Talabi did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident. The defendants never addressed the claim, clearly set forth in the bill of particulars, that Talabi sustained a medically determined injury...

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