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KARABCHIEVSKY v. CROWDER

24 A.D.3d 614 (2005)

808 N.Y.S.2d 338

ALEKSANDR KARABCHIEVSKY, Appellant, v. ASHANTI CROWDER et al., Respondents.

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

December 19, 2005.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the defendants' evidence, which consisted of the affirmed medical report of their examining physician and the plaintiff's deposition testimony, was sufficient to establish a prima facie case 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...

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