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THOMPSON v. TILLMAN

286 A.D.2d 325 (2001)

728 N.Y.S.2d 691

KEMEIL THOMPSON et al., Plaintiffs, v. CHRISTOPHER J. TILLMAN et al., Defendants. (Action No. 1.) PATRICIA VARNAR, Appellant, v. CHRISTOPHER J. TILLMAN et al., Respondents. (Action No. 2.)

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

Decided August 6, 2001.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The respondents submitted proof in admissible form which established that the appellant did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The burden thus shifted to the appellant to demonstrate the existence of a triable issue of fact (see, Gaddy v Eyler, 79 N.Y.2d 955). The appellant failed to meet this...

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