In Simone v. City of Niagara Falls, (281 A.D.2d 923 [4th Dept 2001]) the defendants stipulated to liability and the case proceeded to a trial on the issue of damages only. After trial defendants argued on appeal that the trial court erred in not charging the jury that plaintiffs had the burden of proving that they sustained serious injuries within the meaning of Insurance Law 5102(d). The Appellate Division concluded, albeit without having seen a copy of the stipulation, that "defendants conceded the issue of serious injury as part of the stipulation on liability." Moreover, there had been no objection when the verdict sheet, the court's preliminary charge, and both counsels' opening statements limited the subject of the trial to the issue of the amount of money only.