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UVEGES v. CRILL

2015-03288, Index No. 2012/13.

137 A.D.3d 1262 (2016)

27 N.Y.S.3d 388

2016 NY Slip Op 02354

CHRISTINE UVEGES, Respondent, v. RICHARD CRILL et al., Appellants.

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

Decided March 30, 2016.

Ordered that the order is affirmed, with costs.

The defendants 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 (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]; Gaddy v Eyler, 79 N.Y.2d 955, 956-957 [1992]). In opposition, however, the plaintiff raised a triable...

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