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COPELAND v. KASALICA

6 A.D.3d 253 (2004)

775 N.Y.S.2d 276

CARL COPELAND, Appellant, v. DRAGAN KASALICA et al., Defendants, and VADIM VISHMON et al., Respondents.

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

April 20, 2004.

Defendants met their burden of proof by submitting medical evidence that plaintiff did not sustain a "medically determined injury or impairment of a non-permanent nature" (Insurance Law § 5102 [d]; see also Gaddy v Eyler, 79 N.Y.2d 955 [1992]; Licari v Elliott, 57 N.Y.2d 230 [1982]; Shinn v Catanzaro, 1 A.D.3d 195

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