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TIPPING-CESTARI v. KILHENNY

174 A.D.2d 663 (1991)

Arlene Tipping-Cestari et al., Respondents, v. Bryant K. Kilhenny et al., Appellants

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

June 17, 1991

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

The defendants contend that the plaintiff Arlene Tipping-Cestari failed, as a matter of law, to establish that she sustained a "serious injury" within the meaning of Insurance Law § 5102 (d). We agree. It is for the court to determine in the first instance whether a prima facie showing of "serious injury...

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