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GONZALEZ v. GORDON

286 A.D.2d 750 (2001)

730 N.Y.S.2d 726

ESTER GONZALEZ, Appellant, v. MAX GORDON, Respondent.

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

Decided September 24, 2001.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff failed to come forward with sufficient admissible evidence to rebut the defendant's prima facie showing that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Thus, summary judgment was properly granted to the defendant (see, Licari v Elliott, 57 N.Y.2d 230

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