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CEGLIAN v. CHAN

283 A.D.2d 536 (2001)

724 N.Y.S.2d 762

NICK CEGLIAN et al., Respondents, v. WILLIAM T. CHAN, Appellant.

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

Decided May 21, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

In support of his motion for summary judgment, the appellant submitted evidence in admissible form establishing that the plaintiff Nick Ceglian did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject motor vehicle accident (see, Gaddy v Eyler, 79 N.Y.2d 955

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