SANTUCCI v. SOUSA

2013-07467, Index No. 12164/10.

131 A.D.3d 1036 (2015)

16 N.Y.S.3d 469

2015 NY Slip Op 06799

MICHAEL SANTUCCI, Respondent, v. JEFFREY SOUSA et al., Appellants, et al., Defendant.

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

Decided September 16, 2015.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendants Jeffrey Sousa and D & V Concrete, Inc., for summary judgment dismissing the complaint insofar as asserted against them is granted.

The appellants met their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result...

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