Villalta v. Schechter
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 defendant appeals from an order of the Supreme Court, Nassau County (Adams, J.), entered December 17, 1998, 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).
*300Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendant met her initial burden of establishing that the plaintiff did not sustain a serious injury within the meaning of…
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