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TATTI v. CUMMINGS

193 A.D.2d 596 (1993)

597 N.Y.S.2d 456

Lisa Tatti, Respondent, v. Matthew Cummings, Appellant

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

May 3, 1993

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

Inasmuch as the defendant submitted medical evidence in admissible form establishing that the plaintiff had not sustained a "serious injury", it was incumbent upon the plaintiff to submit evidence in admissible form in order to succeed in defeating the defendant's motion for summary judgment (Grasso v Angerami, 79 N.Y.2d 813

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