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REFUSE v. MAGLOIRE

2010-08731.

83 A.D.3d 685 (2011)

919 N.Y.S.2d 886

ALOURDES REFUSE et al., Respondents, v. LAWRENCE MAGLOIRE, Appellant.

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

Decided April 5, 2011.

Ordered that the order is affirmed, with costs.

The plaintiffs demonstrated their entitlement to judgment as a matter of law by establishing, prima facie, that they each sustained a serious injury within the 90/180-day category of serious injury under Insurance Law § 5102 (d) (see Rasporskaya v New York City Tr. Auth., 73 A.D.3d 727 [2010]; cf. Gavin v Sati, 29 A.D.3d 734, 735...

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