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MURRAY v. PALMER

Appellate Division of the Supreme Court of New York, Second Department.
Jul 1, 1996

Ordered that the judgment is affirmed, with costs.

Following the close of the plaintiff's testimony, the Supreme Court granted the defendant's motion to dismiss the complaint based on her failure to make out a prima facie case that she had sustained a serious injury, as defined by Insurance Law ยง 5102 (d). The sole claim raised by the plaintiff on appeal is that the court erred in dismissing the complaint without affording her the opportunity to introduce expert medical evidence to support her claim. We decline to reach this issue, which is raised for the first time on appeal ( see, Shelton v. Shelton, 151 A.D.2d 659). O'Brien, J.P., Ritter, Pizzuto and Altman, JJ., concur.