ROC v. DOMOND

2009-11010

88 A.D.3d 862 (2011)

931 N.Y.S.2d 522

2011 NY Slip Op 7406

EDOUARD ROC et al., Appellants, v. MARIE DOMOND, Defendant, and FRANCK VILSAINT, Respondent. (And a Third-Party Action.)

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

Decided October 18, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Franck Vilsaint for summary judgment dismissing the complaint insofar as asserted against him on the ground that the plaintiffs did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) is denied.

The defendant Franck Vilsaint failed to meet his prima facie burden of showing that the plaintiffs did not sustain a serious injury...

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