McMullin v. Walker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*944In support of that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Beverly McMullin (hereinafter McMullin), the defendants met their prima facie burden of showing that Mc-Mullin 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]). In opposition, McMullin failed to raise a triable issue of fact.
The magnetic resonance imaging (hereinafter the MRI) report of Dr. Steven…
2Cases cited23 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
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