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WALTER v. WALCH

2010-10670.

88 A.D.3d 872 (2011)

931 N.Y.S.2d 248

2011 NY Slip Op 7416

JOHN P. WALTER, Respondent, v. ROBERT WALCH et al., Appellants.

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

Decided October 18, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants, on their cross motion for summary judgment, failed to meet their prima facie burden of showing that the plaintiff's infant stepdaughter, Paige Gildard (hereinafter the infant), did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345

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