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SAINT-HILAIRE v. PV HOLDING CORP.

56 A.D.3d 541 (2008)

867 N.Y.S.2d 494

LESLY SAINT-HILAIRE et al., Appellants, v. PV HOLDING CORP. et al., Respondents.

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

November 12, 2008.

Ordered that the order is affirmed, with costs.

The defendants established their prima facie entitlement to judgment as a matter of law by showing that the plaintiff Lesly Saint-Hilaire (hereinafter the injured plaintiff) did not sustain a serious injury to his lumbar spine as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]; Gaddy v Eyler, 79 N.Y.2d 955

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