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PHILIPPE v. IVORY

297 A.D.2d 666 (2002)

747 N.Y.S.2d 184

PETER PHILIPPE et al., Respondents, v. ROBERT IVORY, Appellant.

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

Decided September 16, 2002.

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

The defendant established a prima facie case that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345; Gaddy v Eyler, 79 N.Y.2d 955). The evidence submitted by the...

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