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KHARTCHINA v. ROTHMAN

2014-09875, Index No. 29128/11.

139 A.D.3d 809 (2016)

29 N.Y.S.3d 813

2016 NY Slip Op 03712

ALEXANDER KHARTCHINA, Plaintiff, and MYKHAYLO KHARTCHINA, Appellant, v. CHARLES ROTHMAN et al., Respondents.

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

Decided May 11, 2016.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Mykhaylo Khartchina is denied.

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

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