| Charley v Goss |
| 2009 NY Slip Op 01321 [12 NY3d 750] |
| February 24, 2009 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 29, 2009 |
| Carolyn Charley, Appellant, v Margaret E. Goss et al., Respondents. |
Decided February 24, 2009
Charley v Goss, 54 AD3d 569, affirmed.
APPEARANCES OF COUNSEL
Kahn Gordon Timko & Rodriques P.C., New York City (Thomas B. Grunfeld of counsel), for appellant.
Law Offices of Brian J. McGovern LLC, New York City (Alison M.K. Lee of counsel), for respondent.
Memorandum.
The order of the Appellate Division should be affirmed with costs.
Defendants Howard Conroy and Margaret Goss presented prima facie evidence, including plaintiff's deposition testimony and medical records, that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v{**12 NY3d at 751} Avis Rent A Car [*2]Sys., 98 NY2d 345 [2002]). In opposition, plaintiff failed to raise a triable issue of fact.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.