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MURRAY v. HARTFORD

23 A.D.3d 629 (2005)

804 N.Y.S.2d 416

DIANE MURRAY, Respondent, v. HARTFORD, Also Known as HARTFORD INSURANCE COMPANY, et al., Appellants.

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

November 28, 2005.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The excerpts from the plaintiff's deposition testimony, as well as the affirmed medical reports of the defendants' examining physicians, sufficiently established 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...

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