WRIGHT v. AAA CONSTRUCTION SERVICES, INC.


49 A.D.3d 531 (2008)

855 N.Y.S.2d 149

CHRISTINE WRIGHT, Appellant, v. AAA CONSTRUCTION SERVICES, INC., et al., Respondents.

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

Decided March 4, 2008.


Ordered that the order is reversed, on the law, with costs, and the defendants' motions for summary judgment dismissing the complaint insofar as asserted against them are denied.

The Supreme Court erred in concluding that the defendants satisfied their respective prima facie burdens on their separate motions for 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...

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