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TUBERMAN v. HALL

61 A.D.3d 441 (2009)

876 N.Y.S.2d 394

STEVEN TUBERMAN, Appellant, et al., Plaintiff, v. ANDREA A. HALL et al., Respondents.

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

Decided April 7, 2009.

The motion court properly dismissed plaintiff's complaint as against the Hall defendants. The Hall defendants satisfied their prima facie burden of establishing that plaintiff did not sustain a statutorily-defined serious injury under Insurance Law § 5102 (d) (see Shinn v Catanzaro, 1 A.D.3d 195, 197 [2003]). The reports of the Hall defendants' expert orthopedist, Dr. Freeman, and expert neurologist, Dr. Schwartz, which showed...

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