BAEZ v. RAHAMATALI

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Defendants met their initial burden of establishing that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) ( see Gaddy v. Eyler, 79 NY2d 955, 956-957). In opposition, plaintiff failed to provide an objective medical basis supporting the conclusion that she sustained a serious injury ( see Toure v. Avis Rent A Car Sys., 98 NY2d 345, 350-351). Moreover, plaintiff failed to come forward with evidence that her current alleged need for surgery is causally related to the automobile accident ( see Pommells v. Perez, 4 NY3d 566, 572, 580). Summary judgment was therefore properly granted to defendants.

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.