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FALLON v. LANDWIRT

261 A.D.2d 435 (1999)

687 N.Y.S.2d 298

ANNE FALLON et al., Appellants, v. HAVA LANDWIRT et al., Defendants and Third-Party Plaintiffs-Respondents. PHILIP J. FALLON, Third-Party Defendant-Respondent.

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

Decided May 10, 1999.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The medical evidence submitted by the defendants in support of their motions for summary judgment made out a prima facie case that the plaintiff Anne Fallon did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The only competent medical evidence which the plaintiffs submitted in opposition to the motion, the...

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