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KLINE v. MITCHELL

2015-11339, Index No. 603566/13.

149 A.D.3d 924 (2017)

2017 NY Slip Op 02976

52 N.Y.S.3d 450

BRIAN K. KLINE, Respondent, v. ANN MITCHELL, Appellant.

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

Decided April 19, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant met her 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 of the subject accident by submitting an expert's affirmed report and MRI report indicating that the plaintiff did not sustain a fracture to her left elbow (see Uribe v Jimenez, 133 A.D.3d 844

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