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YASHAYEV v. RODRIGUEZ

28 A.D.3d 651 (2006)

812 N.Y.S.2d 367

DMITRY YASHAYEV et al., Appellants, v. ACEVEDO RODRIGUEZ 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 on the law, with one bill of costs, the motions are denied, and the complaint is reinstated.

The defendants failed to make a prima facie showing that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]; Gaddy v. Eyler, 79 N.Y.2d 955 [1992...

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