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SOTO v. ENTERPRISE RENT A CAR

279 A.D.2d 567 (2001)

719 N.Y.S.2d 604

ANGEL SOTO, by His Father and Natural Guardian, CARLOS SOTO, et al., Appellants, v. ENTERPRISE RENT A CAR, Also Known as ELRAC INC., et al., Respondents.

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

Decided January 22, 2001.

Ordered that the order and judgment is affirmed, with costs.

The affirmed report prepared by an orthopedist, Dr. William J. Kulak, which the defendants submitted in support of their motion, established a prima facie case that the infant plaintiff, Angel Soto, did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 N.Y.2d 955). The medical evidence submitted by the plaintiffs...

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