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NEWMAN v. DATTA

2573, 106161/07.

72 A.D.3d 537 (2010)

899 N.Y.S.2d 47

KATHLEEN NEWMAN, Respondent, v. ASHUTUSH DATTA et al., Appellants.

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

Decided April 20, 2010.

Insofar as "a fracture" is one statutory definition of "serious injury" (Insurance Law § 5102 [d]), we conclude that defendants failed to establish prima facie that plaintiff's dental injury did not constitute a serious injury within the meaning of the statute (see Kennedy v Anthony, 195 A.D.2d 942, 944 [1993]; see also Sanchez v Romano, 292 A.D.2d 202, 203 [2002]). Defendants...

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