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Atan v. Fitzgerald

December 9, 2008

MICHAEL J. ATAN, ET AL., RESPONDENTS,
v.
DEBORAH J. FITZGERALD, ET AL., APPELLANTS.



In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated November 30, 2007, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff Michael J. Atan did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., DAVID S. RITTER, MARK C. DILLON, EDWARD D. CARNI and JOHN M. LEVENTHAL, JJ.

(Index No. 22073/05)

DECISION & ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The defendants failed to establish their prima facie entitlement to judgment as a matter of law. Accordingly, the defendants' motion for summary judgment dismissing the complaint was properly denied (see Alvarez v Prospect Hosp., 68 NY2d 320, 324).

SKELOS, J.P., RITTER, DILLON, CARNI and LEVENTHAL, JJ., concur.

20081209

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