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MATRA v. RAZA

2007-10629.

2008 NY Slip Op 06289

ROSE MATRA, respondent, v. AHMED RAZA, ET AL., appellants.

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

Decided July 15, 2008.

Attorney(s) appearing for the Case

Baker, McEvoy, Morrissey & Moskovits, P.C. (Thomas Torto, New York, N.Y. [Jason Levine], of counsel), for appellants.

Neveloff Law Firm, P.C., New York, N.Y. (Daniel I. Neveloff of counsel), for respondent.

Before: ROBERT A. SPOLZINO, J.P., DAVID S. RITTER, MARK C. DILLON, RUTH C. BALKIN, JOHN M. LEVENTHAL, JJ.

DECISION & ORDER

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

The defendants met their initial prima facie burden of demonstrating, through admissible evidence, 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.,

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