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REYES v. DAGOSTINO

2008-09658.

67 A.D.3d 983 (2009)

888 N.Y.S.2d 754

2009 NY Slip Op 08800

DANNY A. REYES, Appellant, v. LINDA M. DAGOSTINO et al., Respondents.

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

Decided November 24, 2009.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) is denied. [Prior Case History: 2008 NY Slip Op 32334(U).]

The defendants met their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning

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