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ZITO v. LEZI

37 A.D.3d 164 (2007)

828 N.Y.S.2d 398

CAMILLE ZITO, Appellant, v. REZARK LEZI et al., Respondents, et al., Defendant.

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

Decided February 1, 2007.

Defendants met their initial burden of establishing, prima facie, that plaintiff had not suffered serious injury within the meaning of Insurance Law § 5102 (d) (see Gaddy v Eyler, 79 N.Y.2d 955, 956-957 [1992]). Defendants submitted the affirmation of an orthopedic surgeon, who, based upon his examination of plaintiff and objective medical tests, concluded that plaintiff had not suffered permanent consequential limitation or...

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