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NATAL v. FRAZER

2013-08237, Index No. 8657/09.

118 A.D.3d 762 (2014)

987 N.Y.S.2d 210

2014 NY Slip Op 4178

FELIX NATAL et al., Respondents, v. ALISON L. FRAZER, Appellant.

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

Decided June 11, 2014.

Ordered that the order dated June 11, 2013, is affirmed, with costs.

The defendant failed to meet her prima facie burden of showing that the plaintiff Betzailyn Lopez did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]; Gaddy v Eyler, 79 N.Y.2d 955, 956-957...

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