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BUSH v. ROBBINS

61 A.D.3d 801 (2009)

877 N.Y.S.2d 688

BRENDA L. BUSH, Appellant, v. JAMES W. ROBBINS, IV, et al., Respondents.

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

Decided April 21, 2009.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contentions, the submission of an affirmed medical report of one of the defendants' orthopedists, Joseph P. Laico, was sufficient for the defendants to meet their prima facie burden of showing that she 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...

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