HENRY v. RIVERA


34 A.D.3d 352 (2006)

824 N.Y.S.2d 282

SHIRLEY HENRY et al., Appellants, v. WILLIAM RIVERA et al., Respondents.

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

Decided November 21, 2006.


Defendants satisfied their initial burden by establishing, prima facie, that none of the plaintiffs sustained "serious injury" within the definition of Insurance Law § 5102 (d), and plaintiffs failed to meet their consequent burden to show, through the submission of admissible medical evidence, the existence of a triable question of fact. Plaintiffs all suffered from preexisting degenerative conditions; one of the plaintiffs suffered from diabetic neuropathy. None of...

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