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Buntin v. Rene, 71 A.D.3d 938 (2d Dept 2010)

Defendant’s motion for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) was granted.  Plaintiff moved to renew, which was denied.  The Appellate Division affirmed.

Plaintiff’s reliance on unaffirmed and/or uncertified records were without probative value and insufficient to raise a triable issue. 

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