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254 A.D.2d 410

Walker v. Wilke

Appellate Division of the Supreme Court of the State of New York · decided 1998-10-19

Decided 1998-10-19

¶1In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated October 15, 1997, which granted the defendant’s motion for summary judgment dismissing the complaint.

¶2Ordered that the order is affirmed, with costs.

¶3We agree with the Supreme Court that in opposition to the *411defendant’s motion for summary judgment, the plaintiffs failed to raise a triable issue of fact as to whether the plaintiff Alfred M. Walker sustained a serious injury as defined by Insurance Law § 5102 (d). Miller, J. P., Thompson, Pizzuto and McGinity, JJ., concur.

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