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ROSENBAUM v. CITY OF NEW YORK

282 A.D.2d 514 (2001)

723 N.Y.S.2d 92

WILLIAM ROSENBAUM, Appellant, v. CITY OF NEW YORK, Defendant, and CARLOS SUAREZ, Respondent.

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

Decided April 9, 2001.

Ordered that the order is affirmed, with costs.

The respondent established a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 N.Y.2d 955).

The medical affirmation prepared by the plaintiff's treating physician in opposition to the motion failed to raise a triable issue of fact...

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