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AMATO v. PSALTAKIS

279 A.D.2d 439 (2001)

719 N.Y.S.2d 593

PHILLIP AMATO, Appellant, et al., Plaintiff, v. KIMON PSALTAKIS, Respondent.

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

Decided January 8, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the appellant failed to come forward with sufficient admissible evidence to rebut the defendant's initial showing that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Thus, summary judgment was properly granted to the defendant dismissing so much of the complaint as was asserted...

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