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BECKETT, JR. v. ISHMAEL

299 A.D.2d 382 (2002)

749 N.Y.S.2d 425

MICHAEL R. BECKETT, JR., Respondent, v. ELIZABETH A. ISHMAEL et al., Appellants.

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

Decided November 12, 2002.

Ordered that the order is affirmed, with costs.

While the medical evidence submitted by the defendants in support of their motion established, prima facie, that the plaintiff's injuries were not serious (see Gaddy v Eyler, 79 N.Y.2d 955, 956-957), the evidence submitted by the plaintiff in opposition thereto raised a triable issue of fact as to whether he sustained a medically determined injury or impairment of a nonpermanent...

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