YEONG SUN KOO v. CHENG JIN DAI

2013-07164

120 A.D.3d 1408 (2014)

993 N.Y.S.2d 149

2014 NY Slip Op 06307

YEONG SUN KOO et al., Appellants, v. CHENG JIN DAI, Respondent.

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

Decided September 24, 2014.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The defendant met his prima facie burden of showing that the plaintiffs, Yeong Sun Koo and Chae Hong Chung, 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...

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