KJONO v. FENNING

2009-00489

69 A.D.3d 581 (2010)

893 N.Y.S.2d 157

2010 NY Slip Op 110

BYRON KJONO, Appellant, v. EDWARD FENNING, Defendant, and MORTON J. HELD et al., Respondents.

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

Decided January 5, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendants Morton Held and Barbara Held for summary judgment dismissing the complaint insofar as asserted against them is denied.

The defendants Morton Held and Barbara Held (hereinafter the Helds) failed to meet 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...

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