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BALANTA v. STANLAINE TAXI CORP.

283 A.D.2d 447 (2001)

724 N.Y.S.2d 626

DORIS BALANTA, Appellant, and ELAINE FREIRE, Respondent, v. STANLAINE TAXI CORP. et al., Defendants.

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

Decided May 14, 2001.

Ordered that the order is affirmed, with costs.

In opposition to the motion of the plaintiff counterclaim-defendant for summary judgment, the plaintiff Elaine Freire came forward with sufficient admissible evidence to raise an issue of fact as to whether she sustained a serious injury within the meaning of Insurance Law § 5102 (d) (cf., Grossman v Wright, 268 A.D.2d 79). Summary judgment was thus properly...

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