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BUONO v. SARNES

2009-02904.

66 A.D.3d 809 (2009)

888 N.Y.S.2d 79

2009 NY Slip Op 7571

VITO BUONO et al., Respondents, v. RICHARD SARNES, Appellant.

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

Decided October 20, 2009.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the defendant failed to meet his prima facie burden of showing that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]; Gaddy v Eyler, 79 N.Y.2d 955, 956-957 [1992]). With respect to...

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