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SONGER v. HENRY W. MUTHIG, INC.

131 A.D.2d 657 (1987)

Judy L. Songer et al., Appellants, v. Henry W. Muthig, Inc., et al., Respondents

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

June 15, 1987

Ordered that the order is affirmed, with costs.

It is incumbent upon the courts to decide in the first instance whether a plaintiff has established a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d) (see, Licari v Elliot, 57 N.Y.2d 230, 237). In the instant case, the record reveals that the injured plaintiff made a prompt return to full-time employment and that she is not limited...

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