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BLACK v. REGALADO

36 A.D.3d 437 (2007)

828 N.Y.S.2d 29

SANIELLE BLACK et al., Appellants, v. LEONCIO REGALADO, Respondent.

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

Decided January 9, 2007.

Defendant demonstrated prima facie entitlement to judgment by submitting competent medical evidence that neither plaintiff satisfied the serious injury threshold of Insurance Law § 5102 (d) (Franchini v Palmieri, 1 N.Y.3d 536 [2003]). Plaintiffs failed to satisfy their evidentiary burden of submitting, in opposition, "objective medical proof of a serious injury causally related to the accident in order to survive summary dismissal...

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