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BLACKMON v. DINSTUHL

27 A.D.3d 241 (2006)

810 N.Y.S.2d 79

PERRY BLACKMON et al., Appellants, v. CHARLES M. DINSTUHL et al., Respondents, et al., Defendant.

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

March 7, 2006.

Defendants met their burden of presenting objective medical evidence that the injured plaintiff had not suffered a serious physical injury as defined in Insurance Law § 5102 (d) (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]). Plaintiffs failed to meet their burden, in turn, of supporting the claim of serious injury by producing objective, contemporaneous and qualitative medical...

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