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MERISCA v. ALFORD

243 A.D.2d 613 (1997)

663 N.Y.S.2d 853

Dulia Merisca, Respondent, v. Tony D. Alford, Appellant, et al., Defendants

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

October 20, 1997

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion of the defendant Tony D. Alford for summary judgment is granted, and the complaint is dismissed insofar as asserted against him.

On his cross motion for summary judgment, the appellant made a prima facie showing that the plaintiff did not suffer serious injury as defined by Insurance Law § 5102 (d) (see,

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