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TOBIAS v. CHUPENKO

41 A.D.3d 583 (2007)

837 N.Y.S.2d 334

RUSSEL TOBIAS, Respondent, v. IGOR CHUPENKO et al., Appellants.

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

Decided June 12, 2007.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The defendants met their prima facie burden on their motion of establishing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]; Gaddy v Eyler,<...

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