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O'CONNOR v. SINGH

16 Misc.3d 30 (2007)

842 N.Y.S.2d 119

LISA O'CONNOR, Respondent, v. RAGHBIR SINGH et al., Appellants, et al., Defendant.

Supreme Court, Appellate Term, First Department.

May 4, 2007.

Attorney(s) appearing for the Case

Richard J. Valent and Mauro Goldberg & Lilling LLP, Great Neck (Caryn L. Lilling and Anthony F. DeStefano of counsel), for appellants.

Marylyn P. Lipman, P.C., Brooklyn, for respondent.

McKEON, P.J., and SCHOENFELD, J., concur; McCOOE, J., dissents in a separate opinion.

OPINION OF THE COURT

Per Curiam.

Order, entered March 22, 2005, affirmed, with $10 costs, with leave to defendants-appellants to renew their motion for summary judgment upon proper papers.

We agree that defendants-appellants failed to establish, prima facie, that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The unsworn and unaffirmed report submitted...

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