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SMITH v. BRITO

23 A.D.3d 273 (2005)

804 N.Y.S.2d 82

EVERENE SMITH, Appellant, v. BERMAN BRITO et al., Respondents.

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

November 17, 2005.

Based upon reports from an orthopedist and a neurologist diagnosing plaintiff with a resolved cervical and lumbar strain and full cervical and lumbar ranges of motion, defendants met their initial burden as summary judgment movants to demonstrate, prima facie, that plaintiff had not sustained serious injury within the meaning of Insurance Law § 5102 (d). Plaintiff did not meet her consequent burden (see Franchini v Palmieri, 1 N.Y.3d 536

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