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COSOVIC v. TERM LEASING, INC.

234 A.D.2d 79 (1996)

650 N.Y.S.2d 697

Ibis Cosovic, Respondent, v. Term Leasing, Inc., et al., Appellants. (And a Third-Party Action.)

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

December 10, 1996

The IAS Court correctly apprehended that on defendants' prior motion for summary judgment, it improperly imposed on plaintiff a burden of adducing proof of a serious injury. As the parties moving for summary judgment, it was defendants' burden to present evidence, in competent form, sufficient to establish that plaintiff did not sustain a serious injury; having failed to meet that burden, plaintiff was not required to come forward...

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