Shmerkovich v. Sitar Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Vaughan, J.), dated September 26, 2007, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, with costs.
The defendant established its prima facie entitlement to judgment as a matter of law dismissing the complaint by demonstrating that neither of the plaintiffs, who were 81 and 73 years…
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