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FRANCO v. AKRAM

26 A.D.3d 461 (2006)

809 N.Y.S.2d 465

AMERICO FRANCO et al., Appellants, v. CHOUDRY M. AKRAM et al., Respondents.

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

February 28, 2006.

Ordered that the order and judgment is affirmed, with one bill of costs.

The defendants established, prima facie, that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d), thereby shifting the burden to the plaintiffs to submit sufficient evidence to raise a triable issue of fact on that issue (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345

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