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TOBIOLO v. FRIEDMAN

283 A.D.2d 483 (2001)

724 N.Y.S.2d 651

ROSEMARY TOBIOLO, Appellant, v. ALICE FRIEDMAN, Respondent.

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.

The defendant met her initial burden of establishing, as a matter of law, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) by submitting, inter alia, the affirmed medical reports of an orthopedist and neurologist, based upon recent examinations of the plaintiff (see, Gaddy v Eyler, 79 N.Y.2d 955; Licari v Elliott...

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