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Cosovic v. Term Leasing, Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 1996
234 A.D.2d 79 (N.Y. App. Div. 1996)

Opinion

December 10, 1996.

Order, Supreme Court, New York County (Barbara Kapnick, J.), entered on or about July 11, 1996, which granted plaintiffs motion to renew and reargue a prior order, same court and Justice, dismissing the complaint for lack of evidence of a serious injury within the meaning of Insurance Law § 5102 (d), and thereupon reinstated the complaint, unanimously affirmed, without costs.

Before: Rosenberger, J.P., Ross, Williams, Mazzarelli and Andrias, JJ.


The IAS Court correctly apprehended that on defendants' prior motion for summary judgment, it improperly imposed on plaintiff a burden of adducing proof of a serious injury. As the parties moving for summary judgment, it was defendants' burden to present evidence, in competent form, sufficient to establish that plaintiff did not sustain a serious injury; having failed to meet that burden, plaintiff was not required to come forward with proof that he did sustain serious injury ( Rodriguez v Goldstein, 182 AD2d 396).


Summaries of

Cosovic v. Term Leasing, Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 1996
234 A.D.2d 79 (N.Y. App. Div. 1996)
Case details for

Cosovic v. Term Leasing, Inc.

Case Details

Full title:IBIS COSOVIC, Respondent, v. TERM LEASING, INC., et al., Appellants. (And…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 10, 1996

Citations

234 A.D.2d 79 (N.Y. App. Div. 1996)
650 N.Y.S.2d 697

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