Chang Min Li, appellant, v. 3511

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

Chang Min Li, appellant, v. 3511 System, Inc., et al., respondents.

2013–09806 (Index No. 27860/11)

Decided: October 29, 2014

WILLIAM F. MASTRO, J.P. CHERYL E. CHAMBERS JEFFREY A. COHEN BETSY BARROS, JJ. Sim & Park, LLP, New York, N.Y. (Andrew Park of counsel), for appellant. Gerber & Gerber, PLLC, Brooklyn, N.Y. (Thomas Torto of counsel), for respondents.

Submitted—September 24, 2014

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Siegal, J.), dated August 2, 2013, which granted the defendants' 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) as a result of the subject accident.

ORDERED that the order is affirmed, with costs.

The defendants met 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;  Gaddy v. Eyler, 79 N.Y.2d 955, 956–957).   The defendants submitted competent medical evidence establishing, prima facie, that the alleged injuries to the plaintiff's left knee and right elbow did not constitute serious injuries under either the permanent consequential limitation of use or significant limitation of use categories of Insurance Law § 5102(d) (see Staff v. Yshua, 59 AD3d 614).   The defendants further submitted evidence demonstrating, prima facie, that the plaintiff did not sustain a serious injury under the 90/180–day category of Insurance Law § 5102(d) (see Che Hong Kim v. Kossoff, 90 AD3d 969).

In opposition, the plaintiff failed to raise a triable issue of fact.

Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.

MASTRO, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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