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HENDRICKS v. TRANSCARE NEW YORK, INC.

300175/12.

158 A.D.3d 477 (2018)

67 N.Y.S.3d 842

2018 NY Slip Op 00919

MARILYN HENDRICKS et al., Appellants, v. TRANSCARE NEW YORK, INC., et al., Respondents.

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

Decided February 8, 2018.

Although defendants carried their initial burden of establishing a prima facie entitlement to judgment, plaintiffs' submissions in opposition raised triable issues as to whether they suffered serious injuries within the meaning of Insurance Law § 5102 (d) as a result of the subject accident, to the extent indicated. Plaintiffs' physician submitted an affirmation opining that the subject injuries were traumatic in origin, based...

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