Negron v. McMahon

Full title: JEANETTE NEGRON et al., Respondents, v. THOMAS McMAHON et al., Appellants

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

Date published: Jan 19, 1999

257 A.D.2d 612 (N.Y. App. Div. 1999)

682 N.Y.S.2d 903

Opinion

January 19, 1999.

Appeal from the Supreme Court, Kings County (Rappaport, J.).

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the first and second causes of action asserted in the complaint are dismissed.

The defendants made a prima facie showing that the injured plaintiff did not sustain a serious injury in the underlying collision, thereby shifting the burden to the plaintiffs to raise a triable issue of fact ( see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). The evidence submitted in opposition to the motion was insufficient to raise a triable issue of fact as to whether the injured plaintiff suffered a serious injury ( see, Merisca v. Alford, 243 A.D.2d 613; Delaney v. Rafferty, 241 A.D.2d 537).

Miller, J.P., Thompson, McGinity and Luciano, JJ., concur.