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ROSA M. HERNANDEZ, Appellant, v. ANNE C. YACCO et al., Respondents.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment dismissing the complaint. In support of their motion, defendants submitted evidence sufficient to demonstrate, as a matter of law, that plaintiff had not suffered a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v. Eyler, 79 N.Y.2d 955; DuMont v Sandhir, 201 A.D.2d 450; Logan v. Laidlaw School Tr., 175 A.D.2d 568). Plaintiff, in opposition to the motion, failed "to make a prima facie showing of serious injury sufficient to raise a triable issue of fact" (Costa v. Billingsley, 127 A.D.2d 990, 991).

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HERNANDEZ v. YACCO
(Sep 30, 1994)