TINYANOFF v. KUNA

2012-00552.

98 A.D.3d 501 (2012)

949 N.Y.S.2d 203

2012 NY Slip Op 5815

ROSEMARIE TINYANOFF et al., Respondents, v. KRYSTYNA A. KUNA et al., Appellants.

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

Decided August 1, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendants' motion which were for summary judgment dismissing the second and third causes of action are granted.

The defendants met their prima facie burden of showing that the plaintiff Jonathan Tinyanoff (hereinafter the injured plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident...

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