BURGWIN v. LANGMAACK


224 A.D.2d 569 (1996)

639 N.Y.S.2d 47

Scott Burgwin, Appellant, v. Richard J. Langmaack et al., Respondents

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

February 20, 1996


Ordered that the order and judgment is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the motions for summary judgment are denied, and the complaint is reinstated.

The defendants submitted proof in admissible form which established that the plaintiff had not suffered a "serious injury" within the meaning of Insurance Law § 5102 (d). The burden thus shifted to the plaintiff to demonstrate...

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