Baez v Rahamatali

2006 NY Slip Op 03473

Decided on May 4, 2006

Court of Appeals

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 4, 2006
No. 102 SSM 7






Submitted by Brian J. Isaac, for appellant.
Submitted by Holly E. Peck, for respondent Smith.
Submitted by Yolanda L. Ayala, for respondent Torres.
Submitted by Nickolas G. Spiliotis, for respondent
Rahamatali.


MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs.

Defendants met their initial burden of establishing that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) (see Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). In opposition, plaintiff failed to provide an objective medical basis [*2]supporting the conclusion that she sustained a serious injury (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350-351 [2002]). Moreover, plaintiff failed to come forward with evidence that her current alleged need for surgery is causally related to the automobile accident (see Pommells v Perez, 4 NY3d 566, 572, 580 [2005]). Summary judgment was therefore properly granted to defendants.
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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and
R.S. Smith concur.
Decided May 4, 2006