SANPIETRO v. McCOY


130 A.D.2d 648 (1987)

John Sanpietro, III, et al., Respondents, v. Joseph R. McCoy et al., Appellants

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

May 18, 1987


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The infant plaintiff, in failing to submit competent admissible medical evidence, has failed to meet his burden of coming forward with sufficient proof to raise a triable issue of fact as to whether he sustained "serious injury" pursuant to Insurance Law § 5102 (d) (see, Licari v Elliott...

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