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McMANUS v. GEMBS

282 A.D.2d 723 (2001)

724 N.Y.S.2d 330

LORETTA McMANUS et al., Appellants, v. RICHARD E. GEMBS, Respondent.

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

Decided April 30, 2001.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiffs failed to come forward with sufficient admissible evidence to rebut the defendant's initial showing that the plaintiff Loretta McManus did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Thus, summary judgment was properly granted to the defendant dismissing the complaint (see, Licari v Elliott, 57 N.Y.2d 230...

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