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CHATAH v. IGLESIAS

5 A.D.3d 160 (2004)

772 N.Y.S.2d 522

HAMMAD CHATAH, Appellant, v. LUIS A. IGLESIAS et al., Respondents.

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

March 9, 2004.

This is a personal injury action arising from an automobile accident. In determining a motion for summary judgment where the issue is whether the plaintiff has sustained a serious injury as defined by Insurance Law § 5102 (d), the initial burden is on the defendant to present competent evidence that the plaintiff has no cause of action (see Rodriguez v Goldstein, 182 A.D.2d 396 [1992]). In this case, defendants met their burden...

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