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COTTO v. METROPOLITAN SUBURBAN BUS AUTHORITY

273 A.D.2d 191 (2000)

709 N.Y.S.2d 435

CARL COTTO et al., Respondents, v. METROPOLITAN SUBURBAN BUS AUTHORITY et al., Appellants, et al., Defendant. (And Another Title.)

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

Decided June 5, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendants Metropolitan Suburban Bus Authority and Kenneth H. Bean, and the action against the remaining defendant is severed.

The respondents made a prima facie showing that the plaintiff Carl Cotto did not sustain a serious injury within the meaning of Insurance Law § 5102...

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