Jhunior A. Fleming, et al., appellants, v. Zishan Mustafa, et al., respondents. (2026)

Submitted—September 19, 2025

DECISION & ORDER

A/

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Karina E. Alomar, J.), entered August 26, 2024.  The order granted the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiffs did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident.

ORDERED that the order is affirmed, with costs.

The plaintiffs commenced this action to recover damages for personal injuries that they allegedly sustained in a motor vehicle accident.  The defendants moved for summary judgment dismissing the complaint on the ground that the plaintiffs did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident.  In an order entered August 26, 2024, the Supreme Court granted the motion.  The plaintiffs appeal.

The defendants met their prima facie burden of showing that the plaintiffs did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the accident (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345;  Gaddy v. Eyler, 79 N.Y.2d 955, 956–957).  Contrary to the plaintiffs' contentions, they failed to raise a triable issue of fact in opposition, as they failed to offer a reasonable explanation for their gaps in treatment (see Pommells v. Perez, 4 NY3d 566, 574;  Hwang v. Ilgar, 178 AD3d 784, 785).

The plaintiffs' remaining contentions need not be reached in light of our determination.

CONNOLLY, J.P., BRATHWAITE NELSON, HOM and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court