BATISTA v. PORRO

10886, 302226/08

110 A.D.3d 609 (2013)

973 N.Y.S.2d 213

2013 NY Slip Op 6978

JOSEPH BATISTA, Respondent, v. FRANCISCO RAFAE PORRO et al., Appellants.

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

Decided October 29, 2013.


Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered October 14, 2011, which denied defendants' motion for summary judgment dismissing the complaint based on plaintiff's failure to establish a serious injury pursuant to Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint against all defendants.

Defendants made a prima facie showing that...

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