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BONNER v. HILL

302 A.D.2d 544 (2003)

756 N.Y.S.2d 82

BRIAN T. BONNER, Appellant, v. DANIEL J. HILL, Respondent.

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

Decided February 24, 2003.

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

The medical evidence submitted by the defendant in support of his cross motion for summary judgment made out a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Gaddy v Eyler, 79 N.Y.2d 955, 956-957 [1992]). In opposition to the cross motion, the plaintiff raised a triable issue...

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