[*1]
Tran v Tran
2004 NY Slip Op 50393(U)
Decided on February 25, 2004
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 25, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:DECIDED FEBRUARY 25, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS x PRESENT : ARONIN, J.P., PATTERSON and RIOS, JJ.
NO. 2003-706 K C

DUONG VAN TRAN, Plaintiff, -and-

against

HONG TRAN, Appellant, - ZENON PIOTROWSKI, Respondent.


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.

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 [1992]).

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 [2002]). 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 [1994]).
Decision Date: February 25, 2004