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KEARSE v. NYC TR. AUTH.

16 A.D.3d 45 (2005)

789 N.Y.S.2d 281

CHERYL KEARSE, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

January 31, 2005.

Attorney(s) appearing for the Case

Wallace D. Gossett, Brooklyn (Anita Isola of counsel), for appellants.

Bruce S. Reznick, P.C., Brooklyn (Thomas Torto of counsel), for respondent.

H. MILLER, J.P., RITTER and SMITH, JJ., concur.

OPINION OF THE COURT

CRANE, J.

This case presents the familiar question of whether the defendants on a motion for summary judgment have satisfied their prima facie burden of establishing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Just what evidence satisfies this burden has proven elusive, resulting in clarification by the Court of Appeals in more than one case (see e.g. Toure v Avis Rent A...

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