Felix v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*528In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Solomon, J.), dated April 6, 2005, which denied their 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).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff did not…
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