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ALI v. KHAN

50 A.D.3d 454 (2008)

857 N.Y.S.2d 70

KIRAN ALI et al., Respondents, v. ZAHID R. KHAN et al., Appellants. (And a Third-Party Action.)

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

Decided April 15, 2008.

Defendants met their burden of demonstrating that Ali and Akhtar did not sustain serious injuries as defined in Insurance Law § 5102 (d), and these plaintiffs failed to produce prima facie evidence in admissible form to support such claim (see Licari v Elliott, 57 N.Y.2d 230 [1982]). Neither of these plaintiffs presented competent medical evidence contemporaneous to the time of the...

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