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MALON v. McCABE

301 A.D.2d 635 (2003)

753 N.Y.S.2d 882

STANISLAW MALON, Appellant, et al., Plaintiffs, v. AGNES McCABE et al., Respondents.

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

Decided January 27, 2003.

Ordered that the judgment is affirmed, with costs.

The defendants established, prima facie, that the appellant did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345). The defendants' doctors concluded that as a result of the accident, the appellant sustained soft-tissue injury which had resolved. The appellant failed to submit medical proof in...

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