McRAE v. ALAUDDIN

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.