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BLACKMAN v. RODRIGUEZ

34 A.D.3d 408 (2006)

823 N.Y.S.2d 673

NOEL BLACKMAN, Plaintiff, and JAYCINTH BLACKMAN, Appellant, v. NORBERTO RODRIGUEZ et al., Respondents, et al., Defendants.

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

Decided November 8, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion for summary judgment dismissing the complaint insofar as asserted against the defendants Norberto Rodriguez and Genco Auto Electric, Inc. is denied.

The defendants Norberto Rodriguez and Genco Auto Electric, Inc., failed to make a prima facie showing that the injured plaintiff, Jaycinth Blackman, did not sustain a serious...

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