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BROWN v. VISAN FUEL OIL CO.

114 A.D.2d 396 (1985)

Althea Brown, an Infant, by Her Father and Natural Guardian, Alphonso Brown, et al., Respondents, v. Visan Fuel Oil Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 15, 1985

Order affirmed, with costs.

"Summary judgment is an appropriate vehicle for determining whether a plaintiff can establish, prima facie, a serious injury" within the meaning of Insurance Law § 5102 (d) (formerly Insurance Law § 671 [4]) (Zoldas v Louise Cab Corp., 108 A.D.2d 378, 381). Nevertheless, a defendant movant has the burden of showing "entitlement to judgment as a matter of law, tendering sufficient evidence...

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