[*1]
Mireille v Humaidan
2003 NY Slip Op 51660(U)
Decided on December 19, 2003
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on December 19, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., ARON1N, and RIOS, JJ.

FRANCOTS J. MIREILLE,
Respondent, -against- NO. 2003-221 K C

against

FARIDA HUMAIDAN, Appellant. FARIDA HUMAIDAN, Third-Party Plaintiff, - JOSEPH FRANTZ and DSW CAB CORP.,


Third-Party Defendants.


Appeal by defendant from an order of the Civil Court, Kings County (B. Baiter, J.), dated December 6, 2002, which denied her motion for summary judgment dismissing the complaint.

Order unanimously affirmed without costs.

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). The burden, therefore, shifted to plaintiff to raise a triable issue of fact that she sustained a serious injury (Gaddy v Eyler, 79 NY2d 955 [1992]).

In the case at bar, the plaintiff successfully opposed the motion. She submitted an affirmation from her physician which described the numeric percentage of the loss of motion of her cervical and lumbar spines (Toure v Avis Rent A Car Sys., 98 NY2d 345, 350 [2002]).
Decision Date: December 19, 2003