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DENNIS v. VAN BERGENHENEGOUWEN

281 A.D.2d 383 (2001)

721 N.Y.S.2d 283

REBECCA DENNIS, Appellant, v. PATRICIA VAN BERGENHENEGOUWEN, Respondent.

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

Decided March 5, 2001.

Ordered that the order is affirmed, with costs.

The defendant submitted sufficient evidence to establish, as a matter of law, that the plaintiff did not sustain a serious injury. Thus, the burden shifted to the plaintiff to come forward with sufficient evidence to raise a triable issue of fact (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957). The plaintiff failed to meet this burden...

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