Gaddy v. Eyler

OPINION OF THE COURT

Memorandum.

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

Plaintiff was involved in a motor vehicle accident in June 1987 when, while stopped for a red light, her vehicle was struck from behind. She instituted this action to recover damages for the resulting personal injuries.

After issue was joined, defendant moved for summary judgment contending there was no "serious injury” within the meaning of Insurance Law § 5102 (d). He established a prima facie case that plaintiffs injuries were not serious through the affidavit of a physician who examined her…