Majority
In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Elliot, J.), dated May 28, 2014, as, upon reargument, vacated an order of the same court dated March 5, 2014, granting 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) as a result of the subject accident, and thereupon denied the motion.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendants met their prima facie burden of showing that
In opposition, however, the plaintiff raised triable issues of fact as to whether he sustained serious injuries to the cervical and lumbar regions of his spine under the significant limitation of use category of Insurance Law § 5102 (d), and as to whether the alleged injury to the lumbar region of his spine was caused by the accident (see Perl v Meher, 18 NY3d 208 , 218-219 [2011]; Estrella v GEICO Ins. Co., 102 AD3d 730 , 731-732 [2013]). Therefore, upon reargument, the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint.
Dillon, J.P., Chambers, Austin and LaSalle, JJ., concur.
Cases cited
- Toure v. Avis Rent A Car Systems, Inc. 98 NY2d 345 p. 661
- Staff v. Yshua 59 AD3d 614 p. 661
- Jilani v. Palmer 83 AD3d 786 at 787 p. 661
- Perl v. Meher 18 NY3d 208 at 218-219 p. 661
- Estrella v. GEICO Insurance 102 AD3d 730 at 731-732 p. 661