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NICHOLSON v. ALLEN

62 A.D.3d 766 (2009)

879 N.Y.S.2d 164

TAMIKA NICHOLSON, Respondent, v. RUDOLPH ALLEN, Appellant, et al., Defendant.

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

Decided May 12, 2009.

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

The defendant Rudolph Allen (hereinafter the defendant) established, prima facie, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident through the affirmed medical reports of his examining neurologist, orthopedist...

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