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NICOLINA PUCCIO, ET AL., Respondents, v. DORA PAZIENZA, ET AL., Appellants.

ORDERED that the order is reversed, on the law, with one bill of costs to the appellants appearing separately and filing separate briefs, the cross motions by Dora Pazienza and by Alan Cummins and Camille Cummins are granted, the plaintiffs' cross motion is denied, and the complaint is dismissed.

The defendants established a prima facie case that neither of the plaintiffs' injuries were serious through the affirmed reports of the orthopedist and neurologist who examined them and concluded that their injuries consisted solely of sprains and strains to the cervical and lumbosacral spines (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957).

The medical evidence which the plaintiffs submitted in opposition to the cross motions failed to raise a triable issue of fact (see, CPLR 3212[b]).

In view of our determination, it is not necessary to reach the other issues raised by the defendants.

KRAUSMAN, J.P., LUCIANO, SMITH and ADAMS, JJ., concur.

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PUCCIO v. PAZIENZA
(Dec 10, 2001)