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KOOBLALL v. MORRIS, JR.

276 A.D.2d 595 (2000)

714 N.Y.S.2d 903

POORAN KOOBLALL et al., Respondents, v. VINCENT MORRIS, JR., et al., Defendants, and EAST COAST SHELVING SYSTEMS, INC., Appellant.

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

Decided October 16, 2000.

Ordered that the judgment is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The evidence at trial was insufficient, as a matter of law, to prove that the plaintiff Pooran Kooblall sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see, Keane v Maringola, 270 A.D.2d 458). The testimony of one of the injured plaintiff's medical experts, an orthopedic surgeon...

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