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DERBY v. MENCHENFRIEND

18 A.D.3d 694 (2005)

795 N.Y.S.2d 346

COLLEEN DERBY, Appellant, v. CARI A. MENCHENFRIEND, Respondent.

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

May 23, 2005.

The defendant failed to make a prima facie showing that the plaintiff did not sustain a serious injury (see Insurance Law § 5102 [d]) as a result of the accident (see Berkowitz v Decker Transp. Co., 5 A.D.3d 712 [2004]). The defendant's medical expert acknowledged that the accident exacerbated the plaintiff's neck and back symptoms (see Trunk v Spross, 306 A.D.2d 463

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