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FOLEY v. KARVELIS

276 A.D.2d 666 (2000)

714 N.Y.S.2d 337

NANCY FOLEY, Respondent, v. DIMITROS KARVELIS et al., Appellants. (And Another Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 23, 2000.

Ordered that the order is reversed, with costs, the motion is granted, and the complaint is dismissed.

The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Thus, it was incumbent upon the plaintiff to raise a triable issue of fact as to whether she sustained a serious injury (see, Gaddy v Eyler, 79 N.Y.2d 955; Licari v Elliott...

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