Vignola v. Varrichio
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 defendants appeal from an order of the Supreme Court, Nassau County (Bucaria, J.), entered September 27, 1996, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff Rocco Vignola, Jr., 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, the motion is granted, and the complaint is dismissed.
Initially, we note that “it is well settled that a moving defendant may rely upon the unsworn reports of…
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