LUBERTO v. NEW YORK CITY TRANSIT AUTHORITY


278 A.D.2d 458 (2000)

717 N.Y.S.2d 910

BEATRICE LUBERTO, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided December 26, 2000.


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

The defendant met its initial burden of establishing that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and thus, it was incumbent upon the plaintiff to come forward with admissible evidence to raise a triable issue of fact (see, Gaddy v Eyler, 79 N.Y.2d 955

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