Espinal v Conlon
2004 NY Slip Op 01671 [5 AD3d 197]
March 11, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 26, 2004


Johnny Espinal et al., Respondents,
v
Brian W. Conlon, Appellant.

—Order, Supreme Court, Bronx County (Janice Bowman, J.), entered April 2, 2003, which denied defendant's motion for summary judgment, unanimously affirmed, without costs.

Defendant failed to carry his burden to establish that plaintiffs had not suffered serious injury (Aronov v Leybovich, 3 AD3d 511 [2004]). We have considered defendant's remaining contentions and find them unavailing. Concur—Buckley, P.J., Williams, Lerner and Marlow, JJ.