Zito v Lezi

Zito v Lezi 2007 NY Slip Op 00732 [37 AD3d 164] February 1, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007

Camille Zito, Appellant,
v
Rezark Lezi et al., Respondents, et al., Defendant.

—[*1] Steven C. Pepperman, New York, for appellant.

John C. Buratti & Associates, Yonkers (Jeffrey A. Domoto of counsel), for respondents.

Order, Supreme Court, Bronx County (Alan Saks, J.), entered December 19, 2005, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants met their initial burden of establishing, prima facie, that plaintiff had not suffered serious injury within the meaning of Insurance Law § 5102 (d) (see Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). Defendants submitted the affirmation of an orthopedic surgeon, who, based upon his examination of plaintiff and objective medical tests, concluded that plaintiff had not suffered permanent consequential limitation or significant loss or impairment of the function of her neck, back or left knee by reason of the alleged automobile accident. Plaintiff failed to meet her consequent burden to adduce evidence showing an objective medical basis for her claim of serious injury (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Suarez v Abe, 4 AD3d 288 [2004]). Concur—Tom, J.P., Andrias, Friedman, Catterson and Kavanagh, JJ.