Borrman v. Bogold

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint in this personal injury action. Defendant submitted evidence in admissible form establishing as a matter of law that plaintiff did not sustain a "serious injury” within the meaning of Insurance Law § 5102 (d), thereby shifting the burden to plaintiff to raise a triable issue of fact (see, Gaddy v Eyler, 79 NY2d 955, 956-957; Hernandez v Yacco, 207 AD2d 1029). Plaintiff did not meet that burden.…