Opinion
20041203 NC
Decided April 7, 2005.
Appeal by defendant from an order of the District Court, Nassau County (H. Miller, J.), entered June 2, 2004, which denied her motion for summary judgment.
Order unanimously reversed without costs and defendant's motion for summary judgment dismissing the complaint granted.
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
The affirmed medical report submitted by defendant in support of her motion for summary judgment made out a prima facie case that plaintiff did not sustain a serious injury pursuant to Insurance Law § 5102 (d). It state that plaintiff's injuries, consisting of sprains, were resolved. This shifted the burden to plaintiff to raise a triable issue of fact ( see Gaddy v. Eyler, 79 NY2d 955). Since plaintiff did not oppose defendant's motion, it should have been granted.