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TAGGER v. OLYMPIC VAN LINE, INC.

38 A.D.3d 646 (2007)

830 N.Y.S.2d 673

ORLY TAGGER, Respondent, v. OLYMPIC VAN LINE, INC., et al., Appellants.

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

Decided March 13, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in granting that branch of the plaintiff's motion which was for summary judgment dismissing the eighth "affirmative defense." The plaintiff made a prima facie showing that the subject accident caused her to sustain a fracture, and thus, a "serious injury" within the meaning of Insurance Law § 5102 (d). In opposition, the defendants failed...

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