Opinion
May 26, 1998
Appeal from the Supreme Court, Nassau County (Levitt, J.)
Ordered that that order is reversed, on the law, with costs, the appellants motion is granted, the complaint is dismissed insofar as asserted against them, and the action against the remaining defendant is severed.
The Supreme Court improperly denied the appellants motion for summary judgment. The appellants established a prima facie case that the plaintiff Rhoda Nadrich did not sustain a serious injury in the underlying accident ( see, Gaddy v. Eyler, 79 N.Y.2d 955), thereby shifting the burden to the plaintiff's to demonstrate by admissible evidence that the plaintiff Rhoda Nadrich had sustained such an injury ( see, Lican v. Ellott, 57 N.Y.2d 230, 235; Lopez v. Senatore, 65 N.Y.2d 1017). The plaintiff's failed to meet the burden.
The admissible evidence which was submitted in opposition to the appellants motion demonstrated that the plaintiff Rhoda Nadrich had a preexisting hip condition, but did not establish by admissible medical evidence that any aggravation of that condition was caused by this accident ( see, Weaver v. Derr, 242 A.D.2d 823).
O'Brien, J.P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.