DECAIRES v. LOVE


261 A.D.2d 502 (1999)

688 N.Y.S.2d 904

BEVERLY DECAIRES, Respondent, v. THELMA LOVE et al., Appellants.

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

Decided May 17, 1999.


Ordered that the order is reversed, on the law, with costs, the defendants' motion is granted, and the complaint is dismissed.

The Supreme Court improperly denied the defendants' motion for summary judgment. In support of their motion, the defendants established a prima facie case that the infant plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Baldasty v Cooper, 238 A.D.2d 367...

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