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NIX v. XIANG

19 A.D.3d 227 (2005)

798 N.Y.S.2d 5

DEBORAH NIX, Appellant, v. YANG GAO XIANG, Respondent.

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

June 21, 2005.

In this personal injury action that resulted from an automobile-pedestrian accident, the IAS court erred when it granted defendant's summary judgment motion premised on the absence of a "serious injury" as defined by Insurance Law § 5102 (d), since he did not meet his burden of presenting competent evidence that plaintiff had not sustained a serious injury (see Chatah v Iglesias, 5 A.D.3d 160

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