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PORTER v. SPD TRUCKING

284 A.D.2d 181 (2001)

727 N.Y.S.2d 70

NORRIS O. PORTER et al., Respondents-Appellants, v. SPD TRUCKING et al., Appellants-Respondents.

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

Decided June 12, 2001.

Serious injury is a necessary element to plaintiffs' prima facie case that had to be pleaded in their complaint (CPLR 3016 [g]). Thus, the prior order granting plaintiffs a default judgment necessarily decided that they sustained serious injuries, and, unless vacated, precludes defendants from asserting otherwise (cf., Maldonado v DePalo, 277 A.D.2d 21). While defendants' default did not result in a forfeiture of their right to contest...

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