Iannello v. Vazquez
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 Marcelina Vazquez appeals from so much of an order of the Supreme Court, Kings County (Schmidt. J.), dated November 2, 2009, as denied her motion for summary judgment dismissing the complaint insofar as asserted against her on the ground that the plaintiff Josette Iannello did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed insofar as appealed from, with costs.
The appellant failed to meet her prima facie burden of showing that the plaintiff Josette Iannello…
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