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ST. HILIARE v. BKO EXPRESS, LLC

2013-11314, Index No. 22252/09.

134 A.D.3d 923 (2015)

20 N.Y.S.3d 904

2015 NY Slip Op 09271

ASHLEY RENE ST. HILIARE, an Infant, by Her Mother and Natural Guardian, CAROLINE RENELIQUE, Respondent, v. BKO EXPRESS, LLC, et al., Appellants.

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

Decided December 16, 2015.

Ordered that the judgment is affirmed, with costs.

The appellants' sole contention, that the jury verdict finding that the plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident was not based on legally sufficient evidence, is unpreserved for appellate review, as the appellants did not raise that issue in the trial court (see Samouelian v Amroan, 127 A.D.3d 723

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