Majority
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Schack, J.), dated February 1, 2016, which denied his 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 defendant failed to meet his 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 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955 , 956-957 [1992]). The papers submitted by the defendant failed to adequately address the plaintiff’s claim, set forth in the bill of particulars,
Accordingly, the Supreme Court properly denied the defendant’s motion for summary judgment dismissing the complaint.
Balkin, J.P., Chambers, Roman, Duffy and Barros, JJ., concur.
Cases cited
- Toure v. Avis Rent A Car Systems, Inc. 98 NY2d 345 p. 874
- Che Hong Kim v. Kossoff 90 AD3d 969 p. 875
- Rouach v. Betts 71 AD3d 977 p. 875