This memorandum is uncorrected and subject to revision before

publication in the New York Reports.

----------------------------------------------------------

No. 79 SSM 3

Carolyn Charley,

Appellant,

v.

Margaret E. Goss, et al.,

Respondents.

Submitted by Thomas B. Grunfeld, for appellant.

Submitted by Alison M. K. Lee, for respondent.

MEMORANDUM:

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

Defendants Howard Conroy and Margaret Goss presented prima facie evidence, including plaintiff's deposition testimony and medical records, that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]). In opposition, plaintiff failed to raise a triable issue of fact.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones

concur.

Decided February 24, 2009