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ALTAMURA v. ONEBEACON INSURANCE GROUP

2009-00804

68 A.D.3d 792 (2009)

2009 NY Slip Op 9171

889 N.Y.S.2d 472

MICHELLE ALTAMURA, Respondent, v. ONEBEACON INSURANCE GROUP, Appellant.

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

Decided December 8, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment on the issue of serious injury is denied.

The plaintiff failed to make a prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). Since the plaintiff failed to meet her prima facie burden, we need not consider...

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