Rodriguez v. Cesar
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*732In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (F. Rivera, J.), dated September 9, 2006, which denied her motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is reversed, on the law, with costs, and the motion for summary dismissing the complaint is granted.
The defendant met her prima facie burden on her motion for summary judgment by establishing that the plaintiff did not…
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