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MOLINA v. LEEWAY TRANSP., INC.

2016-00824, Index No. 705879/13.

142 A.D.3d 655 (2016)

36 N.Y.S.3d 826

JULIO MOLINA, Respondent, v. LEEWAY TRANSPORTATION, INC., et al., Appellants.

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

Decided August 24, 2016.

Ordered that the order is affirmed, with costs.

In support of their motion for summary judgment dismissing the complaint, 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 [2002]; Gaddy v Eyler, 79 N.Y.2d 955...

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