Charley v. Goss

Tom, J.P., and Renwick, J.,

dissent in a memorandum by Renwick, J., as follows: I disagree with the majority’s conclusion that dismissal was warranted because plaintiff allegedly failed to meet her burden of raising triable issues of fact on the threshold issue of serious injury. Plaintiff alleged in her bill of particulars that she suffered a “permanent consequential limitation of a body organ or member” and “significant limitation of use of a body function.” (Insurance Law § 5102 [d].) In this case the burden never shifted to plaintiff. A proper analysis of defendants’ proof reveals that…