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VITA v. ENTERPRISE RENT-A-CAR

8 A.D.3d 558 (2004)

779 N.Y.S.2d 128

LIDIA VITA, Appellant, v. ENTERPRISE RENT-A-CAR et al., Defendants, and MARLA ELVIRA TORRESS CHAVEZ, Also Known as ELVIRA TORRES, et al., Respondents.

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

June 21, 2004.

Ordered that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The moving defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject 1998 motor vehicle accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345

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