Smith v. Metropolitan Suburban Bus Authority

Full title: MARTHA SMITH, Appellant, v. METROPOLITAN SUBURBAN BUS AUTHORITY, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 4, 1998

251 A.D.2d 397 (N.Y. App. Div. 1998)

675 N.Y.S.2d 534

Opinion

June 4, 1998

Appeal from the Supreme Court, Nassau County (O'Connell, J.).

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

In opposition to the defendant's motion, the plaintiff met her burden by submitting sufficient evidence raising a triable issue of fact on the issue of whether she sustained a serious injury within the meaning of Insurance Law § 5102 (d) ( see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957; Puma v. Player, 233 A.D.2d 308; Mariaca-Olmos v. Mizrhy, 226 A.D.2d 437; Parker v. Defontaine-Stratton, 231 A.D.2d 412; Rut v. Grigonis, 214 A.D.2d 721).

Mangano, P. J., Miller, Pizzuto and Krausman, J.J., concur.