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CULLUM v. WASHINGTON

227 A.D.2d 370 (1996)

642 N.Y.S.2d 86

Sophia Cullum et al., Appellants, v. Janice L. Washington, Respondent

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

May 6, 1996

Ordered that the order is affirmed, with costs.

The defendant submitted proof in admissible form which established that the infant plaintiff had not suffered a "serious injury" within the meaning of Insurance Law § 5102 (d). The burden thus shifted to the plaintiffs to demonstrate the existence of a triable issue of fact (see, Gaddy v Eyler, 79 N.Y.2d 955).

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