PEREZ v. VASQUEZ

2388, 102524/07

71 A.D.3d 531 (2010)

897 N.Y.S.2d 412

VICTOR PEREZ, Respondent, v. PEDRO A. VASQUEZ et al., Appellants.

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

Decided March 18, 2010.


Defendants satisfied their initial burden on summary judgment by establishing, prima facie, with the submission of medical reports from their experts, that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d). Defendants also established, prima facie, that plaintiff had no 90/180-day claim by submitting excerpts of plaintiff's deposition testimony indicating that, during the 180 days immediately following

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