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CRUZ v. AVA SERVICE CORP.

2014-07339, Index No. 29124/11.

145 A.D.3d 958 (2016)

2016 NY Slip Op 08837

42 N.Y.S.3d 858

DAWN CRUZ et al., Appellants, v. AVA SERVICE CORP. et al., Respondents, et al., Defendant. (And Third-Party Actions.)

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

Decided December 28, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants Ava Service Corp. and Ramon M. Flores (hereinafter together the moving defendants) met their prima facie burden of showing that the plaintiff Dawn Cruz 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...

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