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PARKER v. MTA BUS CO.

2015-05254, Index No. 5262/13.

140 A.D.3d 718 (2016)

30 N.Y.S.3d 901

2016 NY Slip Op 04188

ALLISON PARKER, Appellant, v. MTA BUS COMPANY et al., Respondents.

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

Decided June 1, 2016.

Ordered that the order is reversed, on the law, with costs, and that branch of the defendants' motion which was for summary judgment dismissing the complaint is denied.

The defendants failed to meet their prima facie burden 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.,

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