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VIRGILIO v. SANTIVASCI

276 A.D.2d 622 (2000)

715 N.Y.S.2d 322

JOSEPH VIRGILIO, Appellant, v. PATRICK SANTIVASCI et al., Respondents.

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

Decided October 16, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Thus, it was incumbent on the plaintiff to come forward with admissible evidence to raise a triable issue of fact (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957). While the plaintiff presented evidence that he...

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