Cosovic v. Term Leasing, Inc.

Appellate Division of the Supreme Court of New York

Cosovic v. Term Leasing, Inc.

234 A.D.2d 79, 650 N.Y.S.2d 697, 1996 N.Y. App. Div. LEXIS 12388

Appellate Division of the Supreme Court of the State of New York·Decided December 10, 1996·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered on or about July 11, 1996, which granted plaintiff’s motion to renew and reargue a prior order, same court and Justice, dismissing the complaint for lack of evidence of a serious injury within the meaning of Insurance Law § 5102 (d), [80] and thereupon reinstated the complaint, unanimously affirmed, without costs.

The IAS Court correctly apprehended that on defendants’ prior motion for summary judgment, it improperly imposed on plaintiff a burden of adducing proof of a serious injury. As the parties moving for summary judgment, it was defendants’ burden to present evidence, in competent form, sufficient to establish that plaintiff did not sustain a serious injury; having failed to meet that burden, plaintiff was not required to come forward with proof that he did sustain serious injury (Rodriguez v Goldstein, 182 AD2d 396). Concur—Rosenberger, J. P., Ross, Williams, Mazzarelli and Andrias, JJ.

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—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered on or about July 11, 1996, which granted plaintiff’s motion to renew and reargue a prior order, same court and Justice, dismissing the complaint for lack of evidence of a serious injury within the meaning of Insurance Law § 5102 (d), [80] and thereupon reinstated the complaint, unanimously affirmed, without costs.

The IAS Court correctly apprehended that on defendants’ prior motion for summary judgment, it improperly imposed on plaintiff a burden of adducing proof of a serious injury. As the parties moving for summary judgment, it was defendants’ burden to present evidence, in competent form, sufficient to establish that plaintiff did not sustain a serious injury; having failed to meet that burden, plaintiff was not required to come forward with proof that he did sustain serious injury (Rodriguez v Goldstein, 182 AD2d 396). Concur—Rosenberger, J. P., Ross, Williams, Mazzarelli and Andrias, JJ.

Cosovic v. Term Leasing, Inc., 234 A.D.2d 79, 650 N.Y.S.2d 697, 1996 N.Y. App. Div. LEXIS 12388 (N.Y. Ct. App. 1996).

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234 A.D.2d 79 (Cosovic v. Term Leasing, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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