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FELIX v. WILDRED

54 A.D.3d 891 (2008)

863 N.Y.S.2d 832

JEAN FELIX et al., Respondents, v. GERMAIN WILDRED, Appellant.

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

September 23, 2008.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

Contrary to the Supreme Court's determination, the defendant met his prima facie burden by showing that the plaintiff Jean Felix (hereinafter the injured plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys....

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