BRYAN v. BRANCATO


213 A.D.2d 577 (1995)

624 N.Y.S.2d 931

Carmen Bryan et al., Appellants, v. B.R. Brancato, Jr., Respondent

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

March 27, 1995


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment is denied.

The plaintiffs met their burden, in opposition to the defendant's prima facie showing of entitlement to judgment as a matter of law, by submitting sufficient evidence to create a triable issue of fact with regard to their claim that they sustained serious injuries (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957)....

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