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RIVERA v. GELCO CORPORATION

58 A.D.3d 477 (2009)

871 N.Y.S.2d 109

EFRAIM RIVERA et al., Appellants, et al., Plaintiff, v. GELCO CORPORATION et al., Respondents. EFRAIM RIVERA et al., Plaintiffs, and MICHAEL ORTIZ, Appellant, v. GELCO CORPORATION et al., Defendants, and JOSE J. ARBULEDA, Respondent.

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

January 13, 2009.

Defendants carried their prima facie burden of demonstrating that the injured plaintiffs did not sustain serious injuries (Insurance Law § 5102 [d]) by submitting physician reports based on physical examinations of plaintiffs and reviews of their medical records, in both instances attesting to normal findings (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345, 350-351 [2002]). In response, plaintiff Ortiz failed to raise an issue...

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