Hurtte v. Budget Roadside Care
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, etc., the defendant Neville Thompson appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated July 11, 2007, which denied that branch of his motion, made jointly with all the defendants, which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Michael Hurtte against him on the ground that Michael Hurtte did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, with costs.
The appellant failed to meet his prima facie burden of…
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