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CROUCH v. DEWAN, JR.

270 A.D.2d 223 (2000)

704 N.Y.S.2d 859

KELSEY CROUCH et al., Appellants, v. LEON DEWAN, JR., Respondent.

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

Decided March 6, 2000.

Ordered that the order is affirmed, with costs.

The affirmed reports of neurosurgeon Dr. Kenneth Gang, submitted by the defendant in support of his motion, established a prima facie case that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 N.Y.2d 955). The plaintiffs' opposition, including the affidavits...

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