Opinion
2003-706 K C.
Decided February 25, 2004.
Appeal by plaintiff Hong Tran from so much of an order of the Civil Court, Kings County (J. Battaglia, J.), dated March 14, 2003, as granted defendant's motion for summary judgment as against her.
Order insofar as appealed from unanimously affirmed without costs.
PRESENT: ARONIN, J.P., PATTERSON and RIOS, JJ.
The affirmed medical report submitted by defendant in support of his motion for summary judgment made out a prima facie case that plaintiff Hong Tran did not sustain a serious injury pursuant to Insurance Law § 5102 (d). This shifted the burden to plaintiff Hong Iran to raise a triable issue of fact that she sustained a serious injury ( Gaddy v. Eyler, 79 NY2d 955).
Plaintiff Hong Tran's opposition was insufficient to raise a triable issue of fact.
She submitted an affirmation from a doctor which did not adequately compare plaintiff's limitations of motion of her cervical and lumbar spines to normal function ( Toure v. Avis Rent A Car Sys., 98 NY2d 345, 350). Furthermore, she failed to establish more than a mild disability. Consequently, defendant's motion for summary judgment was properly granted as against plaintiff Hong Tran ( Ireland v. Clarkstown Cent. School Dist., 210 AD2d 637).