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GOODEN v. JOSEPH

2015-05011, Index No. 24381/11.

137 A.D.3d 1215 (2016)

27 N.Y.S.3d 393

2016 NY Slip Op 02326

KERRIANN GOODEN, Appellant, v. WENDESA A. JOSEPH et al., Respondents.

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

Decided March 30, 2016.

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

The defendants 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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