[*1]
Barrais v Sorto
2005 NYSlipOp 50492(U)
Decided on April 7, 2005
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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 7, 2005
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: April 7, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., COVELLO and TANENBAUM, JJ.
2004-1203 N C

SHIRLEY BARRAIS, Respondent,

against

YOLANDA M. SORTO, Appellant.


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.

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 [*2]
of sprains, were resolved. This shifted the burden to plaintiff to raise a triable issue of fact (see Gaddy v Eyler, 79 NY2d 955 [1992]). Since plaintiff did not oppose defendant's motion, it should have been granted.
Decision Date: April 07, 2005