Gordon v. Guarrera

Full title: EVERDINE GORDON, Respondent, v. JOSEPH GUARRERA et al., Appellants

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

Date published: Sep 29, 1997

242 A.D.2d 669 (N.Y. App. Div. 1997)

664 N.Y.S.2d 934

Opinion

September 29, 1997

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

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants met their initial burden of establishing that the plaintiff did not suffer serious injury within the meaning of Insurance Law § 5102 (d), and it was incumbent upon the plaintiff to come forward with admissible evidence to create an issue of fact ( see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). Upon our review of the record, we find that the plaintiff failed to do so ( see, Barrett v. Howland, 202 A.D.2d 383; Marshall v. Albano, 182 A.D.2d 614; Beckett v. Conte, 176 A.D.2d 774).

Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.