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KIM v. KOTTLER

58 A.D.3d 670 (2009)

DONG SOO KIM, Appellant, v. SHERYL L. KOTTLER, Respondent.

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

January 20, 2009.

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

The defendant met her prima facie burden of showing that the 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., 98 N.Y.2d 345 [2002]; Gaddy v Eyler...

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