DAVIS v. BRIGHTSIDE FIRE PROTECTION INC.


275 A.D.2d 298 (2000)

712 N.Y.S.2d 567

ANNA DAVIS et al., Respondents, v. BRIGHTSIDE FIRE PROTECTION INC. et al., Appellants.

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

Decided August 7, 2000.


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

The defendants established a prima facie case that the injuries sustained by the plaintiff Anna Davis were not serious, through the affirmed report of Dr. Alexander Afalonis (see, Gaddy v Eyler, 79 N.Y.2d 955).

The only competent evidence which the plaintiffs submitted in opposition to the motion was...

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