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CHARLES v. HOWARD

2010-03959.

78 A.D.3d 879 (2010)

912 N.Y.S.2d 407

MAGDALA CHARLES, Respondent, v. ADAM HOWARD et al., Defendants, and SHUN CHOI LIU, Appellant.

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

Decided November 16, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondent payable by the appellant.

The Supreme Court properly concluded that the appellant did not meet his prima facie burden of showing 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., 98 N.Y.2d 345 [2002]; Gaddy...

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