(Action No. 1) Ruth Jones, et al., plaintiffs, v. (Action No. 2) (2011)

Submitted-December 8, 2010

DECISION & ORDER

In related actions to recover damages for personal injuries, etc., the defendants Elsiddig Limo, Inc., and Lemine Mohamed appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Miller, J.), dated January 15, 2010, as denied their motion for summary judgment dismissing the complaint in Action No. 1 insofar as asserted against them on the ground that the plaintiff in that action, Nicholas Soldano, did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that the appellants failed to meet their prima facie burden of showing that the plaintiff in Action No. 1, Nicholas Soldano, 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;  Gaddy v. Eyler, 79 N.Y.2d 955, 956-957).   Since the appellants failed to meet their prima facie burden as movants, we need not review the sufficiency of the opposition papers (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320).

MASTRO, J.P., FLORIO, DICKERSON, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court