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STAFF v. YSHUA

59 A.D.3d 614 (2009)

874 N.Y.S.2d 180

MICHAEL STAFF, Respondent, v. MAIR YSHUA et al., Appellants.

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

Decided February 17, 2009.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

Contrary to the Supreme Court's determination, the defendants' submissions were sufficient to establish, prima facie, their entitlement to judgment as a matter of law dismissing the complaint on the ground that the plaintiff did not sustain a serious injury as defined by Insurance...

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