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CAROLYN P. McRAE, Appellant, v. ASM ALAUDDIN, Respondent.

Ordered that the order is affirmed, with costs.

The defendant met his prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident ( see Toure v Avis Rent A Car Sys., 98 NY2d 345; Gaddy v Eyler, 79 NY2d 955, 956-957; Meyers v Bobower Yeshiua Bnei Zion, 20 AD3d 456; cf. Bozza v O'Neill, 43 AD3d 1094, 1096; De Filippo v White, 101 AD2d 801, 802-803). In opposition, the plaintiff failed to raise a triable issue of fact.

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McRAE v. ALAUDDIN
(May 27, 2008)