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Lewis v. Tejada

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


February 19, 2009

DEBRA A. LEWIS, PLAINTIFF-RESPONDENT,
v.
NICOLAS TEJADA, DEFENDANT-APPELLANT, PRINCE AFUM, ET AL., DEFENDANTS.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered July 8, 2008, which denied defendant Nicolas Tejada's motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a "serious injury" within the meaning of Insurance Law § 5102(d), unanimously affirmed, without costs.

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.

Mazzarelli, J.P., Friedman, Gonzalez, Catterson, Renwick, JJ.

24206/06

While defendant satisfied his initial burden of presenting a prima facie case that plaintiff did not suffer serious injury, the submissions of plaintiff's expert were sufficient to raise a triable issue of fact on that question. Plaintiff also raised issues of fact as to her 90/180-day claim.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090219

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