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PALMER v. PHILLIPS

278 A.D.2d 466 (2000)

717 N.Y.S.2d 915

UNIQUE PALMER, Appellant, v. PHYLLIS PHILLIPS et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 26, 2000.

Ordered that the order is affirmed, with costs.

The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Thus, it was incumbent on the plaintiff to come forward with sufficient admissible evidence to raise a triable issue of fact (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957). The plaintiff failed to do so, and thus the Supreme Court properly...

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