Magarin v. Kropf
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*734In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Weiss, J.), dated September 15, 2004, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that neither plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, with costs.
Contrary to the plaintiffs’ arguments, the defendant’s evidence, which consisted of the affirmed medical reports of his examining physician and the respective plaintiffs’ deposition testimony,…
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