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BAKER v. ELITE AMBULETTE SERVICE, INC.

44 A.D.3d 496 (2007)

843 N.Y.S.2d 588

WANDA BAKER et al., Appellants, v. ELITE AMBULETTE SERVICE, INC., et al., Respondents.

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

Decided October 18, 2007.

Defendants established prima facie entitlement to summary judgment by submitting evidence demonstrating that plaintiffs did not sustain a serious injury as a result of the car accident between the parties (Gaddy v Eyler, 79 N.Y.2d 955, 956-957 [1992]). Plaintiffs failed to raise a triable issue of fact that a serious injury was sustained within the meaning of Insurance Law § 5102 ...

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