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SHOKRIAN v. MEIN

265 A.D.2d 317 (1999)

696 N.Y.S.2d 692

JILA SHOKRIAN, Appellant, v. ZI-MIN MEIN, Respondent.

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

Decided October 4, 1999.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The evidence submitted by the defendant demonstrated, prima facie, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Uhl v Sofia, 245 A.D.2d 988). Thus, it was incumbent on the plaintiff to come forward with admissible evidence to create an issue of fact (see, Gaddy v Eyler,...

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