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ZIEHL v. CHAO RUI ZHU

Index No. 27159/16E. Appeal No. 16737. Case No. 2022-01480.

210 A.D.3d 612 (2022)

180 N.Y.S.3d 73

2022 NY Slip Op 06777

Brandyann Ziehl, Appellant, v. Chao Rui Zhu et al., Respondents.

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

Decided November 29, 2022.

Attorney(s) appearing for the Case

Alpert, Slobin & Rubenstein LLP, Bronx (Morton Alpert of counsel), for appellant.

Thomas Torto, New York (Jason Levine of counsel), for respondents.

Concur—Webber, J.P., Friedman, Kennedy, Mendez, Shulman, JJ.

Order, Supreme Court, Bronx County (Veronica G. Hummel, J.), entered on or about March 24, 2022, which granted defendants' motion for summary judgment dismissing the complaint based on plaintiff's inability to demonstrate that she sustained a serious injury within the meaning of Insurance Law § 5102(d), unanimously affirmed, without costs.

Defendants made a prima facie showing that plaintiff did not sustain a serious injury to her cervical spine, lumbar spine...

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