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CHARLES HARGROVE v. NEW YORK CITY TRANSIT AUTHORITY

49 A.D.3d 692 (2008)

854 N.Y.S.2d 182

OTHA CHARLES HARGROVE, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided March 18, 2008.

Ordered that the order is affirmed, with one bill of costs payable to the defendants.

The Supreme Court properly determined that the defendants satisfied their respective prima facie burdens on their separate motions for summary judgment by showing 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

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