Agathe v. Tun Chen Wang
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 plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Ruchelsman, J.), dated July 11, 2005, as granted the defendants’ cross 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).
*738Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is denied.
The defendants failed to satisfy their burden of establishing, prima facie, that…
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