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SHAJI v. CITY OF NEW ROCHELLE

2009-01754.

66 A.D.3d 760 (2009)

886 N.Y.S.2d 764

2009 NY Slip Op 7395

JALAJA K. SHAJI, Respondent, v. CITY OF NEW ROCHELLE et al., Appellants.

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

Decided October 13, 2009.

Ordered that the order is reversed, on the law, with costs, that branch of the defendants' motion which was for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury is granted, and the motion is otherwise denied as academic.

The Supreme Court properly determined that the defendants, in support of their motion, met their prima facie burden of showing that the plaintiff...

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