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MERLO v. PUPKE

276 A.D.2d 604 (2000)

714 N.Y.S.2d 906

CHRISTINE MERLO, Appellant, v. MARIA A. PUPKE et al., Respondents.

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

Decided October 16, 2000.

Ordered that the order is affirmed, with one bill of 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 admissible evidence sufficient to raise an issue of fact (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957). The plaintiff...

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