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ILARDO v. NEW YORK CITY TRANSIT AUTHORITY

28 A.D.3d 610 (2006)

814 N.Y.S.2d 201

ANTONIO ILARDO et al., Plaintiffs, and DOMENICA ILARDO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

April 18, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendants' motion which was for summary judgment dismissing the causes of action asserted by the plaintiff Domenica Ilardo is denied, and those causes of action are reinstated.

The defendants failed to make a prima facie showing that the appellant did not sustain a serious injury (see Insurance Law § 5102...

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