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GILPHILIN v. WARE

205 A.D.2d 353 (1994)

613 N.Y.S.2d 594

Deverton Gilphilin, Plaintiff, and Thelma Hanson, Appellant, v. John P. Ware, Respondent

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

June 14, 1994

Defendant's contention that appellant did not sustain a "serious injury" within the meaning of Insurance Law § 5102 (d) was sufficiently demonstrated by appellant's deposition testimony and the medical records she supplied in disclosure (McNair v Ofori, 198 A.D.2d 47), making it appellant's burden to come forward with "competent, admissible medical evidence" sufficient to raise an issue of fact that she did sustain such an injury...

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