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KEENA v. TRAPPEN

294 A.D.2d 405 (2002)

742 N.Y.S.2d 344

KATHLEEN KEENA et al., Appellants, v. BARBARA TRAPPEN, Respondent.

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

Decided May 13, 2002.

Ordered that the order is affirmed, with costs.

The plaintiffs failed to rebut the defendant's prima facie showing that the plaintiff Kathleen Keena did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The affirmation of the injured plaintiff's treating physician stated that he only diagnosed cervical and lumbar sprains, which do not rise to the level of serious injuries (see Gaddy v Eyler, 79 N.Y.2d 955

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