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DYAGI v. NEWBURGH AUTO AUCTION INC.

251 A.D.2d 619 (1998)

675 N.Y.S.2d 872

Ahud Dyagi, Appellant, v. Newburgh Auto Auction Inc., et al., Respondents

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

June 29, 1998

Ordered that the order is affirmed, with costs.

Once the defendants submitted evidence establishing that the plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), the burden shifted to the plaintiff to produce evidentiary proof in admissible form demonstrating the existence of a triable issue of fact (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957). The affidavit of the plaintiff...

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