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THOMAS v. JOYNER

237 A.D.2d 347 (1997)

655 N.Y.S.2d 420

Lillie Thomas et al., Respondents, v. Henry G. Joyner, Appellant

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

March 10, 1997

Ordered that the order is affirmed, with costs.

In support of his motion for summary judgment, the defendant submitted reports from the injured plaintiffs' treating physicians which clearly indicated that the plaintiffs had satisfied the "serious injury" requirement of Insurance Law § 5102 (d). Accordingly, the defendant's motion papers "failed to establish a prima facie case that [the plaintiffs'] injuries were not serious" (Mendola v Demetres,

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