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MENAKER v. WHITE EXPRESS CAB CORP.

2008-07563

68 A.D.3d 1069 (2009)

2009 NY Slip Op 9626

892 N.Y.S.2d 171

MARYBETH MENAKER, Appellant, v. WHITE EXPRESS CAB CORP. et al., Respondents.

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

Decided December 22, 2009.

Ordered that the order is affirmed, with costs.

The respective defendants, in support of their motions for summary judgment, relied on the same submissions. Those submissions were sufficient to meet their prima facie burdens 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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