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TOURE v. AVIS RENT A CAR SYSTEMS, INC.

284 A.D.2d 271 (2001)

728 N.Y.S.2d 140

AHMED D. TOURE, Appellant, v. AVIS RENT A CAR SYSTEMS, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 28, 2001.

Defendants established their prima facie entitlement to summary judgment by demonstrating that plaintiff failed to suffer a serious injury within the contemplation of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957; Barbeito v Kesev Taxi, 281 A.D.2d 379). In this regard, the affirmation of defendants' examining neurologist indicated, inter alia, that "[t...

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