GIANNINI v. CRUZ

2008-11672.

67 A.D.3d 638 (2009)

889 N.Y.S.2d 57

2009 NY Slip Op 07982

ELENA GIANNINI et al., Respondents, v. ANTONIO CRUZ, Appellant.

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

Decided November 4, 2009.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff Elena Giannini did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) is granted.

The defendant made a prima facie showing that the plaintiff Elena Giannini (hereinafter the injured plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102...

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