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SMITH v. AAA EXPEDITED FREIGHT SYSTEMS, INC.

54 A.D.3d 721 (2008)

GLORIA HACKETT, Plaintiff, and WINNIFRED SMITH, Appellant, v. AAA EXPEDITED FREIGHT SYSTEMS, INC., et al., Respondents.

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

September 9, 2008.

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

The medical evidence submitted by the defendants in support of their motion was sufficient to meet their initial burden of establishing a prima facie case that the injuries allegedly sustained by the plaintiff Winnifred Smith did not meet the serious injury threshold under the no-fault law (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345, 352 [2002]...

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