MILLER v. BAH


58 A.D.3d 815 (2009)

872 N.Y.S.2d 173

HAROLD MILLER, Appellant, v. MAMADOU BAH, Respondent.

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

January 27, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

Contrary to the Supreme Court's determination, the defendant failed to meet his prima facie burden 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 Yung v Eager, 51 A.D...

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