PENALOZA v. CHAVEZ


48 A.D.3d 654 (2008)

852 N.Y.S.2d 315

ELVIRA E. PENALOZA, Respondent, v. RAMON G. CHAVEZ et al., Appellants, et al., Defendants.

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

Decided February 19, 2008.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Ramon G. Chavez and Jose F. Rosa for summary judgment dismissing the complaint insofar as asserted against them is granted.

The defendants Ramon G. Chavez and Jose F. Rosa (hereinafter the appellants) made a prima facie 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...

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