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CONDER v. CITY OF NEW YORK

62 A.D.3d 743 (2009)

879 N.Y.S.2d 169

TERESA CONDER, Respondent, v. CITY OF NEW YORK et al., Defendants, and GIRALDO RUBELIO, Appellant.

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

Decided May 12, 2009.

Ordered that the order is reversed, on the law, with costs, and the appellant's motion for summary judgment dismissing the complaint insofar as asserted against him is granted.

Contrary to the determination of the Supreme Court, the appellant 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 (see Toure v Avis Rent A Car Sys.,

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