DUNCAN v. NEW YORK CITY TRANSIT AUTHORITY


273 A.D.2d 437 (2000)

710 N.Y.S.2d 255

JOYCE DUNCAN, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided June 26, 2000.


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

The medical evidence submitted by the defendant in support of its motion for summary judgment made out a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

In opposition to the motion, the plaintiff submitted, inter alia, an affidavit of her chiropractor that failed...

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