BARNES v. CISNEROS


15 A.D.3d 514 (2005)

790 N.Y.S.2d 513

CONSTANTINE BARNES, Appellant, v. RENAE CISNEROS, Respondent.

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

February 22, 2005.


Ordered that the order is affirmed, with costs.

The affirmations of the defendant's examining physicians, when considered with the plaintiff's deposition testimony, made out a prima facie showing that the plaintiff 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 [2002]; Gaddy v Eyler, 79 N.Y.2d 955

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