Berbery v. Yin Kuen Yeung

Order, Supreme Court, New York *294County (Richard Lowe, III, J.), entered October 20, 2000, which, upon reargument, granted defendant’s previously denied motion for summary judgment dismissing the complaint on the ground that neither plaintiff had sustained “serious injury” within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

The properly certified and affirmed medical affirmations submitted by defendant, noting the absence of any objective basis for plaintiffs’ subjective complaints, were sufficient to meet defendant movant’s initial burden to make a prima facie…