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VITALE v. LEV EXPRESS CAB CORP.

273 A.D.2d 225 (2000)

708 N.Y.S.2d 692

NANCY VITALE, Respondent, v. LEV EXPRESS CAB CORP. et al., Appellants.

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

Decided June 5, 2000.

Ordered that the order is affirmed, with costs.

The defendants initially submitted evidence sufficient to establish a prima facie case that the plaintiff did not sustain a serious injury as a matter of law (see, Gaddy v Eyler, 79 N.Y.2d 955; Flanagan v Hoeg, 212 A.D.2d 756). In response, the plaintiff submitted an affirmation by Dr. Roman Tabakman, based in part on a recent examination...

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