SINFELT v. HELM'S BROS., INC.


62 A.D.3d 983 (2009)

PETRA SINFELT, Appellant, v. HELM'S BROS., INC., Defendant, and KWANG KYU KIM et al., Respondents.

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

Decided May 26, 2009.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Kwang Kyu Kim and Dongsun Kim for summary judgment dismissing the complaint insofar as asserted against them is denied.

The defendants Kwang Kyu Kim and Dongsun Kim (hereinafter the respondents) met their 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...

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