George Hrissikos, respondent, v. Monsoor Mian, et al., appellants. (2010)

Supreme Court, Appellate Division, Second Department, New York.

George Hrissikos, respondent, v. Monsoor Mian, et al., appellants.

2009-08324 (Index No. 11660 /07)

Decided: June 29, 2010

REINALDO E. RIVERA, J.P. ANITA R. FLORIO THOMAS A. DICKERSON ARIEL E. BELEN SHERI S. ROMAN, JJ.

Baker, McEvoy, Morrissey & Moskovits, P.C., New York, N.Y. (Stacy R. Seldin of counsel), for appellants. Ebanks & Sattler, LLP, New York, N.Y. (Matthew B. Waller of counsel), for respondent.

Submitted-February 24, 2010

DECISION & ORDER

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Martin, J.), dated June 23, 2009, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

ORDERED that the order is affirmed, without costs or disbursement.

The defendants satisfied their prima facie burden of 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 N.Y.2d 345, 352; Gaddy v. Eyler, 79 N.Y.2d 955, 956-957; Richards v. Tyson, 64 AD3d 760, 761; Berson v. Rosada Cab Corp., 62 AD3d 636, 637; Byrd v. J.R.R. Limo, 61 AD3d 801, 802). However, in opposition, the plaintiff raised a triable issue of fact. Accordingly, the Supreme Court correctly denied the defendants' motion for summary judgment dismissing the complaint.

RIVERA, J.P., FLORIO, DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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