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SIMMONS v. NEW YORK CITY TRANSIT AUTHORITY

1131, 21270/03.

66 A.D.3d 432 (2009)

888 N.Y.S.2d 7

2009 NY Slip Op 7192

LEONARD SIMMONS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided October 8, 2009.

Plaintiff failed to make out a prima facie case of serious injury under either a quantitative or qualitative analysis (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345, 350-351 [2002]). Plaintiff's testimony indicated that he suffered relatively minor restrictions, such as a limited ability to play pool and lift heavy objects, which is insufficient to establish serious injury absent an objective...

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