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FEST v. AGNEW

2009-00361

68 A.D.3d 1051 (2009)

2009 NY Slip Op 9612

890 N.Y.S.2d 357

GENNADIY FEST, Appellant, v. DIANE AGNEW et al., Defendants, and SERGEY BARBASHOV, Respondent.

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

Decided December 22, 2009.

Ordered that the order is affirmed, with costs.

The defendant Sergey Barbashov established his prima facie entitlement to judgment as a matter of law by submitting evidence, including the plaintiff's deposition testimony and the affirmation of Barbashov's retained examining orthopedist, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Charley v Goss, 12 N.Y.3d 750

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