CRUZ v. WILLIAMS


34 A.D.3d 719 (2006)

825 N.Y.S.2d 510

SHANTE CRUZ et al., Appellants, v. DAVID C. WILLIAMS et al., Respondents.

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

Decided November 28, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

In support of their motion for summary judgment dismissing the complaint, the defendants failed to satisfy their prima facie burden of showing that neither plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v Avis Rent A Car Sys., 98 N.Y...

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