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SANTOS v. TAVERAS

55 A.D.3d 405 (2008)

866 N.Y.S.2d 43

ADELAIDA SANTOS, Appellant, v. TOMAS TAVERAS, Respondent.

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

October 21, 2008.

The motion court properly granted defendant's motion for leave to move for summary judgment more than 120 days after the filing of the note of issue (CPLR 3212 [a]; see Pippo v City of New York, 43 A.D.3d 303, 303-304 [2007]).

Defendant established prima facie that plaintiff did not sustain a "serious injury" within the meaning of Insurance Law § 5102 (d), by submitting a physician's affirmation reporting findings of...

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