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RASPORSKAYA v. NEW YORK CITY TR. AUTH.

2009-09002

73 A.D.3d 727 (2010)

899 N.Y.S.2d 665

STELLA RASPORSKAYA, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided May 4, 2010.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff demonstrated her entitlement to judgment as a matter of law by establishing, prima facie, that she sustained a serious injury under the 90/180 day category set forth under Insurance Law § 5102 (d) (cf. Shifren v Scheiner, 269 A.D.2d 381 [2000]). However, in opposition, the defendants raised a triable issue...

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