Colavito v. Steyer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from an order of the Supreme Court (Lynch, J.), entered June 19, 2008 in Ulster County, which denied defendant’s motion for summary judgment dismissing the complaint.
Plaintiff commenced this action to recover for injuries to her right shoulder allegedly sustained in a motor vehicle accident. Defendant moved for summary judgment dismissing the complaint on the basis that plaintiff did not suffer a serious injury (see Insurance Law § 5102 [d]; § 5104 [a]). Supreme Court denied the motion, prompting defendant’s appeal. We affirm.
Defendant failed to meet his initial burden of proving, as a…
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