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MARTINEZ v. YI ZHONG CHEN

2010-11534

91 A.D.3d 834 (2012)

937 N.Y.S.2d 274

2012 NY Slip Op 497

LINNETE MARTINEZ, Appellant, v. YI ZHONG CHEN et al., Respondents.

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

Decided January 24, 2012.

Ordered that the order is reversed, on the law, with costs, and the defendants' motions for summary judgment dismissing the complaint insofar as asserted against each of them are denied.

The defendant Jasmine Romero failed to make a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Insurance Law §...

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