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YOLANDA MELVIN, plaintiff, MARIA BEATONG, ET AL., appellants, v. METROPOLITAN SUBURBAN BUS AUTHORITY, ET AL., respondents. (ACTION NO. 1). RALPH LEBRON, ET AL., plaintiffs,

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The respondents in Action No. 1 made a prima facie showing that the plaintiff Maria Beatong did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject motor vehicle accident ( see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345; Gaddy v. Eyler, 79 N.Y.2d 955). The affirmations of the plaintiff Maria Beatong's physicians submitted in opposition to the respondents' motions failed to establish that any of the identified limitations in movement were of a significant nature ( see Trotter v. Hart, 285 A.D.2d 772; Cabri v. Myung-Soo Park, 260 A.D.2d 525, 526, Williams v. Ciaramella, 250 A.D.2d 763; Medina v. Zalmen Reis and Assocs., 239 A.D.2d 394, 395; Waldman v. Dong Kook Chang, 175 A.D.2d 204).

Accordingly, the respondents were entitled to summary judgment in their favor dismissing the complaint insofar as asserted by the appellants.

FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.

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MELVIN v. METROPOLITAN SUBURBAN BUS AUTHORITY
(Feb 2, 2004)