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SCOTT v. ALBORD

292 A.D.2d 367 (2002)

738 N.Y.S.2d 590

CYRA SCOTT et al., Respondents, v. YVES S. ALBORD, Appellant. (And a Third-Party Action.)

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

Decided March 4, 2002.

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contentions, the Supreme Court properly denied his motion for summary judgment. The defendant's papers in support of his motion failed to establish that the injured plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d) in the subject collision (see, CPLR 3212 [b]; cf., Gaddy v Eyler, 79 N.Y.2d 955). Because...

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