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Summary Judgment granted against three plaintiffs: no showing of sustainable serious injury

Lopez, et al. v. Reynoso, et al, Supreme Court, Bronx County, Index No. 310669/2008

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Honorable Justice Wilma Guzman granted summary judgment against all three plaintiffs in a Bronx auto case with a 4-page decision dated July 17, 2012.

Defendant was the operator of the vehicle which had been involved in a collision with plaintiffs’ vehicle. In a motion for summary judgment, AGF&J Associate Dennis Monaco established, prima facie, that none of the three plaintiffs had sustained any “sustainable serious injury”, under Insurance Law sections 5102(d) and 5104(a). The Court agreed that the defendant had submitted sufficient proof to establish prima facie entitlement to summary judgment, and with the burden on plaintiffs to raise a triable issue of fact, they could not explain either a gap in or cessation of medical treatment.