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DILONE v. TAK LEU CHENG

56 A.D.3d 397 (2008)

868 N.Y.S.2d 52

YVONNE DILONE, Appellant, v. TAK LEU CHENG, Respondent.

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

November 25, 2008.

Defendant's experts' findings, upon objective testing, that plaintiff's injuries had resolved by the time of examination nine months after the accident demonstrated prima facie that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) (see Brown v Achy, 9 A.D.3d 30, 31 [2004]).

As plaintiff's submissions address her condition within 92 days of the accident, plaintiff failed to rebut...

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