| Feyler v Ketelsen |
| 2010 NY Slip Op 03065 [72 AD3d 738] |
| April 13, 2010 |
| Appellate Division, Second Department |
| Diane Feyler, Respondent, v Ocke Ketelsen,Appellant. |
—[*1]
In an action to recover damages for personal injuries, the defendant appeals, as limited by hisbrief, from so much of an order of the Supreme Court, Nassau County (Cozzens, J.), datedJanuary 26, 2009, as denied his motion for summary judgment dismissing the complaint on theground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law§ 5102 (d).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and thedefendant's motion for summary judgment dismissing the complaint is granted.
The defendant established, prima facie, through the affirmed reports of his medical experts,the plaintiff's medical and hospital records, and the plaintiff's deposition testimony, that theplaintiff 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 NY2d 345[2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]; House v MTA Bus Co., 71 AD3d732 [2010]). In opposition, the plaintiff failed to submit any objective medical evidencesufficient to raise a triable issue of fact as to whether she sustained a serious injury to her head orbrain within the meaning of Insurance Law § 5102 (d) as a result of the subject accident(see House v MTA Bus Co., 71AD3d 732 [2010]; Noh vDuffe, 70 AD3d 1017 [2010]). Fisher, J.P., Covello, Balkin, Leventhal and Lott, JJ.,concur.