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CURTIS TILLMAN, respondent, v. METROPOLITAN SUBURBAN BUS AUTHORITY, et al., appellants.

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

In support of their motion for summary judgment dismissing the complaint, the defendants failed to demonstrate, prima facie, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law — 5102(d) (see, Mendola v. Demetres, 212 A.D.2d 515). Accordingly, the motion for summary judgment was properly denied (see, Coscia v. 938 Trading Corp., 283 A.D.2d 538; Osada v. Taub, 259 A.D.2d 473; Mastromonica v. Conklin, 246 A.D.2d 581; Thomas v. Joyner, 237 A.D.2d 347).

RITTER, J.P., GOLDSTEIN, FRIEDMANN, FEUERSTEIN and CRANE, JJ., concur.

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TILLMAN v. METROPOLITAN SUBURBAN BUS AUTH
(Dec 17, 2001)