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SUNG v. MIHALIOS

44 A.D.3d 500 (2007)

843 N.Y.S.2d 317

MICHAEL C. SUNG, Individually and as Father and Natural Guardian of JESSICA SUNG, an Infant, et al., Respondent, v. CALLIOPE MIHALIOS et al., Appellants.

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

Decided October 18, 2007.

The IAS court properly denied defendant's motion for summary judgment because triable issues exist about whether each plaintiff sustained a serious injury as a result of the automobile accident between the parties (Insurance Law § 5102 [d]). The court properly considered plaintiffs' evidentiary submissions in opposition to the motion. The passing reference in the report of plaintiffs' expert to an unsubmitted physician report...

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