Majority
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Bruno, J.), dated July 14, 2015, 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) as a result of the subject accident.
Ordered that the order is affirmed, with costs.
The defendants failed to meet their prima facie burden of demonstrating 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 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955 , 955-956 [1992]). The defendants’ motion papers failed to adequately address the plaintiff’s claim, set forth in the bill of particulars, that she sustained a medically determined injury or impairment of a nonpermanent nature which prevented her from performing substantially all of the material acts which constituted her
Accordingly, the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint. Leventhal, J.P., Austin, Roman, Miller and Barros, JJ., concur.
Cases cited
- Toure v. Avis Rent A Car Systems, Inc. 98 NY2d 345 p. 894
- Che Hong Kim v. Kossoff 90 AD3d 969 p. 895
- Calucci v. Baker 299 AD2d 897 p. 895