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EASTMAN v. HOLLAND

19 A.D.3d 444 (2005)

796 N.Y.S.2d 240

DONNA E. EASTMAN, Appellant, v. MICHAEL S. HOLLAND, Respondent.

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

June 13, 2005.

Ordered that the order is affirmed, with costs.

The affirmed report of the defendant's examining neurologist, as well as the plaintiff's deposition testimony and the medical records submitted by the defendant, established, prima facie, that the plaintiff did not sustain a serious injury as a matter of law (see Nozine v Sav-On Car Rentals, 15 A.D.3d 555 [2005]; Sims v Megaris, 15 A.D.3d 468

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