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FLYNN v. FLYNN

7 A.D.3d 663 (2004)

776 N.Y.S.2d 516

EMILY FLYNN, Plaintiff, v. STEPHEN J. FLYNN ET AL., Defendants. (Action No. 1.) STEPHEN J. FLYNN, Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY ET AL., Defendants. (Action No. 2.) KENNETH TURNER, Appellant, v. STEPHEN J. FLYNN ET AL., Respondents, ET AL., Defendants. (Action No. 3.) MICHAEL BURDEN, Plaintiff, v. CITY OF NEW YORK ET AL., Defendants. (Action No. 4.) VICTOR LOPEZ, Appellant, v. STEPHEN J. FLYNN, Defendant and Third-Party Plaintiff-Respondent. NEW YORK CITY TRANSIT AUTHORITY ET AL., Third-Party Defendant-Respondent. (Action No. 5.)

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

May 17, 2004.

Ordered that the order is affirmed, with one bill of costs.

The moving parties (hereinafter the defendants) made a prima facie showing that the plaintiffs in Action Nos. 3 and 5 (hereinafter the plaintiffs) did not sustain serious injuries within the meaning of Insurance Law § 5102 (d) as a result of the subject motor vehicle accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]; Gaddy v Eyler,

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