The Martinez plaintiffs were allegedly injured in an automobile accident in May 2004, when their
car was hit by defendants' school bus. Both were taken by ambulance to the hospital and released
the same day, after X rays were taken. The driver was treated by a chiropractor over the ...
The defendants made a prima facie 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 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). In ...
Ordered that the order is modified, on the law, by deleting the provisions thereof denying that
branch of the motion of the defendants Metropolitan Transportation Authority, Long Island 448
Rail Road, and MLC Management Corp. which was for summary judgment on their fourth ...