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BERETE v. FORD MOTOR CREDIT COMPANY

29 A.D.3d 452 (2006)

815 N.Y.S.2d 505

KABINE BERETE et al., Appellants, v. FORD MOTOR CREDIT COMPANY et al., Respondents, et al., Defendants.

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

May 23, 2006.

Defendants sustained their initial burden of showing the absence of a triable issue on whether the plaintiff driver had suffered a "serious injury" for no-fault threshold purposes (Insurance Law § 5102 [d]), and plaintiffs failed to meet the burden that then shifted to them to show triable issues of fact (see Gaddy v Eyler, 79 N.Y.2d 955, 956-957 [1992]). On the question of "permanent consequential limitation of use of a body...

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