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BALSAMO v. WEISS

2011-02196.

94 A.D.3d 1028 (2012)

942 N.Y.S.2d 790

2012 NY Slip Op 3122

DIANE BALSAMO, Appellant, v. MICHAEL WEISS et al., Respondents.

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

Decided April 24, 2012.

Ordered that the order is affirmed, with costs.

The defendants met their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (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]). The defendants submitted evidence establishing, prima facie, that the alleged...

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