Baudillo v. Pam Car & Truck Rental, Inc.
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, the defendant Pam Car & Truck Rental, Inc., appeals from an order of the Supreme Court, Suffolk County (Werner, J.), dated January 3, 2005, which denied its motion for summary judgment dismissing the complaint on the ground that the plaintiff Mas Vega Baudillo 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 defendant failed to make a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance…
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