Heumann v. JACO Transportation, Inc.

The defendants met their prima facie burden of showing that the plaintiff 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 to the defendants’ motion, the plaintiff failed to raise a triable issue of fact. The plaintiff primarily relied upon *1047the affirmation of her treating hand surgeon, Dr. Alan M. Freedman. The defendants’ examining physician, Dr. Thomas Joseph Palmieri, unequivocally found that the plaintiffs…