Burn v. Hinckley

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Wood, J), entered June 27, 1991, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Contrary to the conclusions of the Supreme Court, we find that the plaintiff failed to meet his burden of establishing a prima facie case of serious injury as defined in Insurance Law § 5102 (d). The plaintiff did not lose any days of work as a…