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FORTINI v. PLOTKIN

254 A.D.2d 453 (1998)

679 N.Y.S.2d 153

Eileen Fortini et al., Appellants, v. Brenda Plotkin et al., Respondents

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

October 26, 1998

Ordered that the order is reversed, with costs, the motion is denied, and the complaint is reinstated.

Once the defendants submitted evidence demonstrating that the plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), the burden shifted to the plaintiffs to produce evidentiary proof in admissible form demonstrating the existence of a triable issue of fact (see, Gaddy v...

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