APONTE v. TUSA


28 A.D.3d 407 (2006)

811 N.Y.S.2d 569

LILLIAN APONTE, Respondent, v. ROBERT P. TUSA, Appellant.

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

April 4, 2006.


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

The admissible proof submitted by the defendant, showing that the plaintiff had full range of motion and suffered from no disability causally related to the automobile accident about one week after the automobile accident, was sufficient to establish a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance...

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