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SPANOS v. HARRISON

2009-01833

67 A.D.3d 893 (2009)

889 N.Y.S.2d 227

2009 NY Slip Op 08605

NICHOLAS SPANOS, Plaintiff, v. THOMAS R. HARRISON, Defendant. (Action No. 1.) MARKUS BERKE et al., Respondents, v. THOMAS R. HARRISON, Appellant, et al., Defendants. (Action No. 2.)

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

Decided November 17, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Thomas R. Harrison failed to meet his prima facie burden of demonstrating on his motion for summary judgment that Markus Berke, a plaintiff in action No. 2 (hereinafter the injured 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...

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