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VICKERS v. FRANCIS

63 A.D.3d 1150 (2009)

JAMICE L. VICKERS, Respondent, v. ROBERT A. FRANCIS et al., Defendants, and REDHA BENMEBROUK et al., Appellants.

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

Decided June 30, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the appellants' motion for summary judgment dismissing the complaint insofar as asserted against them is granted.

The appellants met their 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...

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