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SMITH v. HENRY

282 A.D.2d 734 (2001)

724 N.Y.S.2d 355

JOHN E. SMITH et al., Appellants, v. FLOYD HENRY et al., Respondents. (And a Third-Party Action.)

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

Decided April 30, 2001.

Ordered that the order is affirmed, with costs.

The defendants submitted sufficient evidence to establish, as a matter of law, that the plaintiff John E. Smith did not sustain a serious injury within the meaning of Insurance Law § 5102. Thus, the burden shifted to the plaintiffs to come forward with sufficient evidence to raise a triable issue of fact (see, Gaddy v Eyler, 79 N.Y.2d 955; Dennis v Van Bergen-Henegouwen...

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