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BENT v. JACKSON

15 A.D.3d 46 (2005)

788 N.Y.S.2d 56

AUDLEY BENT et al., Appellants, v. ALBERT S. JACKSON et al., Respondents.

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

January 4, 2005.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, New York City (Christopher J. Crawford and Brian J. Isaac of counsel), and Corpina, Piergrossi, Overzat & Klar, LLP, for appellants.

Brand & Brand, Garden City (Charles R. Gueli of counsel), for Albert S. Jackson and others, respondents.

Sullivan, Williams and Friedman, JJ., concur with Marlow, J.; Saxe, J.P., dissents in a separate opinion.

OPINION OF THE COURT

MARLOW, J.

In the context of this appeal, we engage in the perennial debate over the issue of whether a plaintiff's evidence of personal injury meets the statutory threshold set by Insurance Law § 5102 (d), "an elusive standard that all too frequently escapes facile and final resolution" (Brown v Achy, 9 A.D.3d 30, 31 [2004]).

Defendants established a prima facie entitlement to...

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