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JOSEPH v. CHERRY

269 A.D.2d 498 (2000)

704 N.Y.S.2d 488

JEAN L. JOSEPH, Appellant, v. MARCIA A. CHERRY, Respondent.

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

Decided February 22, 2000.

Ordered that the order is affirmed, with costs.

The defendant met her initial burden of establishing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). It was then incumbent upon the plaintiff to come forward with admissible evidence sufficient to create an issue of fact (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957). The plaintiff...

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