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MOBLEY v. RIPORTELLA

241 A.D.2d 443 (1997)

660 N.Y.S.2d 57

Jeannette Mobley, Respondent, v. Frances Riportella et al., Appellants

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

July 7, 1997

Ordered that the order is reversed, on the law, with costs, the defendants' motion for summary judgment is granted, and the complaint is dismissed.

The defendants established a prima facie case that the plaintiff did not sustain serious injury as defined by Insurance Law § 5102 (d), thereby shifting the burden to the plaintiff to raise a triable question of fact on the issue (see, Gaddy v Eyler,

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