[*1]
De La Cruz v Korean Evangelical Church of N.Y.
2005 NY Slip Op 51709(U) [9 Misc 3d 136(A)]
Decided on October 21, 2005
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 21, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: SEPTEMBER 2004 TERM Suarez, P.J., McCooe, Gangel-Jacob, JJ.
570255/04

Teresita De La Cruz, Plaintiff-Respondent,N.Y. County Clerk's #

against

Korean Evangelical Church of New York and Chin Pyo Hong , Defendants-Appellants.


Defendants appeal from a judgment of the Civil Court of the City of New York, Bronx County, entered June 5, 2003 after a jury trial (Wilma Guzman, J.), upon a verdict in favor of plaintiff in the sum of $250,000.


PER CURIAM:

Judgment entered June 5, 2003 (Wilma Guzman, J. and jury) reversed, and new trial ordered, with $30 costs to abide the event.

In a pre-trial stipulation, defendants conceded liability in connection with the vehicular accident giving rise to this personal injury action in exchange for a $250,000 cap on damages. The stipulation by its terms did not remove the threshold requirement of establishing serious injury (Insurance Law § 5102; see Reid v Brown, 308 AD2d 331 [2003]), and the court's preclusion of any evidence on the issue warrants a new trial.

This constitutes the decision and order of the Court.
Decision Date: October 21, 2005