TOMPKINS v. BURTNICK


236 A.D.2d 708 (1997)

652 N.Y.S.2d 911

Lynn Tompkins, Respondent, v. Thomas J. Burtnick, Appellant

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

February 6, 1997


Peters, J.

This personal injury action was commenced in 1994 and arises out of a 1993 automobile collision between plaintiff and defendant. In April 1996, defendant moved for summary judgment on the ground that plaintiff failed to establish a serious injury within the meaning of Insurance Law § 5102 (d). Supreme Court denied the motion and this appeal followed.

We affirm. Even accepting that defendant met his initial burden of showing that...

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