DIGIOIA v. REYES

2011-04567.

96 A.D.3d 709 (2012)

945 N.Y.S.2d 731

2012 NY Slip Op 4313

CHRISTOPHER DIGIOIA, Respondent, et al., Plaintiff, v. JOSE F. REYES et al., Appellants.

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

June 6, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Christopher DiGioia is granted.

The defendants met their prima facie burden of showing that the plaintiff Christopher DiGioia (hereinafter the respondent) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result...

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