Agard v. Bryant

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered September 22, 2004, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

In moving for summary judgment dismissing the complaint, defendant was required to come forward with competent medical evidence negating plaintiffs claim that the subject accident caused her serious injury within the meaning of Insurance Law § 5102 (d). Defendant met…