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BARSALONE v. NEW YORK CITY TRANSIT AUTHORITY

1 A.D.3d 548 (2003)

767 N.Y.S.2d 669

MARIE A. BARSALONE, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant.

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

November 24, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant; and it is further,

Ordered that upon searching the record, summary judgment is granted to the defendant John Doe, and the complaint is dismissed insofar as asserted against that defendant.

The appellant made out a prima facie case that the plaintiff's injuries were not serious within the meaning of Insurance...

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