COLAVITO v. STEYER


65 A.D.3d 735 (2009)

883 N.Y.S.2d 807

ANGELA COLAVITO, Respondent, v. NICHOLAS P. STEYER, Appellant.

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

Decided August 6, 2009.


Kane, J.

Plaintiff commenced this action to recover for injuries to her right shoulder allegedly sustained in a motor vehicle accident. Defendant moved for summary judgment dismissing the complaint on the basis that plaintiff did not suffer a serious injury (see Insurance Law § 5102 [d]; § 5104 [a]). Supreme Court denied the motion, prompting defendant's appeal. We affirm.

Defendant failed to meet his initial burden of proving, as a matter...

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