Majority
In an action to recover damages for personal injuries, the defendants Raymond L. Levan and the Town of North Hempstead appeal from an order of the Supreme Court, Nassau County (Cozzens, Jr., J), dated March 26, 2013, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them 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 appellants failed to meet 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
Since the appellants did not sustain their prima facie burden, it is unnecessary to determine whether the papers submitted by the plaintiff in opposition were sufficient to raise a triable issue of fact (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 , 853 [1985]; Che Hong Kim v Kossoff, 90 AD3d 969 [2011]). Therefore, the Supreme Court properly denied the appellants’ motion for summary judgment dismissing the complaint insofar as asserted against them.
Rivera, J.E, Hall, Austin, Miller and Maltese, JJ., concur.
Cases cited
- Toure v. Avis Rent A Car Systems, Inc. 98 NY2d 345 p. 1366
- Staff v. Yshua 59 AD3d 614 p. 1366
- Winegrad v. New York University Medical Center 64 NY2d 851 at 853 p. 1366
- Che Hong Kim v. Kossoff 90 AD3d 969 p. 1366