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METROW v. ST. JOHN THE BAPTIST ROMAN CATHOLIC CHURCH

225 A.D.2d 1101 (1996)

639 N.Y.S.2d 748

Lynn A. Metrow, Respondent, v. St. John the Baptist Roman Catholic Church, Appellant, et al., Defendant

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

March 8, 1996

Order unanimously affirmed with costs.

Memorandum:

Supreme Court did not err in denying defendants' motion to dismiss the complaint on the ground that plaintiff did not suffer a serious injury as defined in Insurance Law § 5102 (d). On a motion to dismiss that has not been converted to a motion for summary judgment, affidavits submitted by the defendant will seldom, if ever, warrant dismissal unless "the affidavits establish conclusively that plaintiff...

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