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GENNINO v. BURNS

203 A.D.2d 241 (1994)

612 N.Y.S.2d 889

Lenette Gennino, Respondent, v. Janice Burns, Appellant

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

April 4, 1994

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

The plaintiff has failed to establish a prima facie case that she sustained a "serious injury" within the meaning of Insurance Law § 5102 (d). Accordingly, the court should have granted summary judgment to the defendant (see, Insurance Law § 5104 [a]; Licari v Elliott, 57 N.Y.2d 230

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