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Bradley v. Rodriguez

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


April 21, 2009

ROBIN BRADLEY, RESPONDENT,
v.
PABLO RODRIGUEZ, ET AL., APPELLANTS, ET AL., DEFENDANT.

In an action to recover damages for personal injuries, the defendants Pablo Rodriguez and Dreamon Limo, Inc., appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Balter, J.), dated May 16, 2008, as denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff 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.

ROBERT A. SPOLZINO, J.P., FRED T. SANTUCCI, DANIEL D. ANGIOLILLO and JOHN M. LEVENTHAL, JJ.

(Index No. 32332/06)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The appellants made a prima facie showing of their entitlement to judgment as a matter of law through the submission of the plaintiff's deposition testimony and the affirmation of their examining physician. However, in opposition, the plaintiff raised triable issues of fact. Accordingly, the appellants' motion for summary judgment was properly denied (see Alvarez v Prospect Hosp., 68 NY2d 320, 324).

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and LEVENTHAL, JJ., concur.

20090421

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