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PERRY v. BRUSINI

53 A.D.3d 478 (2008)

859 N.Y.S.2d 565

IDELL M. PERRY et al., Appellants, v. ROBERT BRUSINI et al., Respondents, et al., Defendant.

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

Decided July 1, 2008.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Robert Brusini and Brian Brusini for summary judgment dismissing the complaint insofar as asserted against them is denied.

The defendants Robert Brusini and Brian Brusini (hereinafter the respondents) failed to meet their prima facie burden of showing that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d) as a result of...

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