BANGUELA v. BABBO


51 A.D.3d 833 (2008)

858 N.Y.S.2d 353

CELIA H. BANGUELA, Appellant, v. CHARLES BABBO et al., Respondents.

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

Decided May 20, 2008.


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

The defendants, separately moving for summary judgment, failed to meet their prima facie burdens of 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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