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WALLACE v. ADAM RENTAL TRANSPORTATION, INC.

2009-01525

68 A.D.3d 857 (2009)

2009 NY Slip Op 9217

891 N.Y.S.2d 432

LORRAINE WALLACE et al., Plaintiffs, and JOANNE BAILEY, Appellant, v. ADAM RENTAL TRANSPORTATION, INC., et al., Defendants, and HORTON TRANSPORTATION II, INC., et al., Respondents.

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

Decided December 8, 2009.

Ordered that the order is affirmed, with costs.

The defendants Horton Transportation II, Inc., and Arif Gardashov met their prima facie burden of showing that the plaintiff Joanne Bailey 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

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