CZACH v. O'NEILL


44 A.D.3d 818 (2007)

843 N.Y.S.2d 466

JOAN CZACH, Appellant, v. JOHN E. O'NEILL et al., Respondents.

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

Decided October 16, 2007.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

The defendants failed to establish their prima facie entitlement to summary judgment by showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345

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