CIRILLO v. SWAN

513058.

95 A.D.3d 1401 (2012)

943 N.Y.S.2d 300

2012 NY Slip Op 3493

LEAH S. CIRILLO, Appellant, v. NANNIE M. SWAN, Respondent.

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

Decided May 3, 2012.


MERCURE, J.P.

The parties were involved in an automobile accident, following which plaintiff commenced this action to recover for injuries she purportedly sustained therein. After joinder of issue, defendant moved for summary judgment on the ground that plaintiff had not sustained a serious injury as defined by Insurance Law § 5102 (d). Supreme Court agreed and granted defendant's motion, prompting this appeal.

We now affirm. Plaintiff contends that defendant...

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