The following excerpt is from Robbie L. Land v. Sherman, 2014 NY Slip Op 33561 (U) (N.Y. Sup. Ct. 2014):
The burden rests on defendants to establish by evidentiary proof, in admissible form, that plaintiff has not suffered a serious injury (Lowe v. Bennet, 122 AD2d 728 [1st Dept. 1986], aff'd 69 NY2d 701 [701]). When defendants' evidence is sufficient to make out a prima facie case that a serious injury has not been sustained, the burden shifts, and it is then incumbent upon plaintiff to produce sufficient evidence in admissible form to raise a triable issue of fact as to whether plaintiff sustained a serious injury (see Licari v. Elliot, 57 NY2d 230 [1982]).
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