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PERRY v. BRUSINI

2007-07092.

2008 NY Slip Op 06142

IDELL M. PERRY, ET AL., appellants, v. ROBERT BRUSINI, ET AL., respondents, ET AL., defendant.

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

Decided July 1, 2008.

Attorney(s) appearing for the Case

The Law Offices of Henry W. Davoli, Jr., PLLC, Rockville Centre, N.Y. (Susan R. Nudelman of counsel), for appellants.

McCabe, Collins, McGeough & Fowler, LLP, Carle Place, N.Y. (Patrick M. Murphy of counsel), for respondents.

Before: STEVEN W. FISHER, J.P., ANITA R. FLORIO, DANIEL D. ANGIOLILLO, THOMAS A. DICKERSON, ARIEL E. BELEN, JJ.

DECISION & ORDER

ORDERED that the order is reversed, on the law, with costs, and the motion of the defendants Robert Brusini and Brian Brusini for summary judgment dismissing the complaint insofar as asserted against them is denied.

The defendants Robert Brusini and Brian Brusini (hereinafter the respondents) failed to meet their prima facie burden of showing that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law...

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