Berete v. Ford Motor Credit Co.

Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered January 9, 2006, which granted defendants’ motion and cross motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants sustained their initial burden of showing the absence of a triable issue on whether the plaintiff driver had suffered a “serious injury” for no-fault threshold purposes (Insurance Law § 5102 [d]), and plaintiffs failed to meet the burden that then shifted to them to show triable issues of fact (see Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). On the question of…