SAVATTERE v. BARNATHAN


280 A.D.2d 537 (2001)

720 N.Y.S.2d 386

NANCY SAVATTERE et al., Appellants, v. EVA BARNATHAN, Respondent.

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

Decided February 13, 2001.


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

The defendant met her initial burden of demonstrating that the plaintiff Nancy Savattere did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). It was, therefore, incumbent upon the plaintiffs to come forward with sufficient evidence to create an issue of fact as to whether the injured plaintiff sustained a medically-determined injury which prevented her from performing...

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