Haak v. Ponsolle

Full title: EDWARD HAAK et al., Appellants, v. LAURENT J. PONSOLLE, Respondent

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

Date published: Dec 14, 1998

256 A.D.2d 381 (N.Y. App. Div. 1998)

682 N.Y.S.2d 621

Opinion

December 14, 1998

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

Ordered that the order is affirmed, with costs.

The defendant met the burden of coming forward with evidence that the plaintiffs had not suffered serious injuries within the meaning of Insurance Law § 5102 (d), and the plaintiffs failed to present evidence sufficient to raise an issue of fact ( see, Gaddy v. Eyler, 79 N.Y.2d 955).

Bracken, J.P., Ritter, Copertino, Santucci and Altman, JJ., concur.