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MADATOVA v. MADATOV

27 A.D.3d 531 (2006)

811 N.Y.S.2d 760

ANNA MADATOVA, Appellant, v. MARAT MADATOV, Respondent.

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

March 14, 2006.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The defendant failed to meet his initial burden of establishing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident. The defendant's examining orthopedist noted in his affirmed medical report that the plaintiff, inter alia...

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