SENCION v. LAP

2012-06535, Index No. 14464/10.

116 A.D.3d 1028 (2014)

983 N.Y.S.2d 880

2014 NY Slip Op 2920

REYNA SENCION, Appellant, v. Avi P. LAP et al., Respondents.

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

Decided April 30, 2014.


Ordered that the order is reversed, on the law, with costs, and those branches of the motion and the cross motion which were for summary judgment dismissing the complaint insofar as asserted against the movants and cross movant are denied.

The defendants, who relied on the same evidence and arguments, failed to meet their respective prima facie burdens of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d...

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