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HUDKINS v. 81ST STREET PARKING, LLC

61 A.D.3d 719 (2009)

878 N.Y.S.2d 745

JAMES GARRISON HUDKINS, Respondent, v. 81ST STREET PARKING, LLC, et al., Appellants.

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

Decided April 14, 2009.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the plaintiff by the defendants appearing separately and filing separate briefs.

The defendants met their respective prima facie burdens of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345<...

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