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CHERY v. JONES

62 A.D.3d 742 (2009)

879 N.Y.S.2d 170

JEAN CHERY, Appellant, v. YVETTE DALLAS JONES et al., Respondents.

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

Decided May 12, 2009.

Ordered that the order is affirmed, with costs.

The defendants established, prima facie, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident through the affirmed medical reports of their examining orthopedist and radiologist (see Kurin v Zyuz, 54 A.D.3d 902 [2008]; Passaretti v Ping Kwok Yung, 39 A.D.3d 517

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