MONILE v. BALESTER


171 A.D.2d 1040 (1991)

Patricia Monile et al., Respondents, v. Anthony Balester, Appellant

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

March 8, 1991


Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred by holding that plaintiff made out a prima facie showing of serious injury sufficient to raise a triable issue of fact. Defendant sustained his burden of proving that plaintiff did not suffer from a medically determined injury, and plaintiff's subjective complaints of pain, unsupported by any competent medical evidence, are insufficient...

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