Takaroff v. A.M. USA, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1143In an action, inter alia, to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Hinds-Radix, J.), dated October 2, 2008, 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 affirmed, without costs or disbursements.
The Supreme Court properly denied the defendants’ motion for summary judgment. The defendants failed to meet their prima facie burden of showing that the plaintiff…
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