Rohr v. Hoyt

Order unanimously reversed on the law without costs and defendants’ motion granted. Memorandum: Defendants moved for summary judgment dismissing the complaint in this automobile negligence action on the ground that the plaintiff had not sustained a serious injury within the meaning of section 5102 of the Insurance Law. Special Term denied the motion and defendants appeal. The defendants have met their burden by submitting evidence in admissible form demonstrating that plaintiff did not as a matter of law sustain a serious injury, whereas the plaintiff has failed to meet her burden by…