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WALLACE v. ADAM RENTAL TRANSPORTATION, INC.

2008-08022

68 A.D.3d 856 (2009)

2009 NY Slip Op 9216

890 N.Y.S.2d 644

LORRAINE WALLACE, Respondent, et al., Plaintiffs, v. ADAM RENTAL TRANSPORTATION, INC., et al., Defendants, and HORTON TRANSPORTATION, INC., et al., Appellants.

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

Decided December 8, 2009.

Ordered that the order is affirmed, with costs.

The appellants failed to meet their prima facie burden of showing that the plaintiff Lorraine Wallace 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., 98 N.Y.2d 345 [2002]; Gaddy v Eyler, 79 N.Y.2d 955, 956-957 [1992]). In support...

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