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KLAPPER v. METRO. SUBURBAN BUS AUTH.

127 A.D.2d 566 (1987)

Cary Klapper, Respondent, v. Metropolitan Suburban Bus Authority, Appellant

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

February 2, 1987

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

It is well settled that the question of whether the plaintiff has established a prima facie case of "serious injury" rests with the court in the first instance (see, Licari v Elliott, 57 N.Y.2d 230; Hezekiah v Williams, 81 A.D.2d 261). We find that the conclusory...

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