Majority
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Cozzens, Jr., J.), dated March 6, 2014, as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint on the ground that he 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 reversed insofar as appealed from, on the law, with costs, and that branch of the defendants’ motion which was for summary judgment dismissing the complaint is denied.
The defendants 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 subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955 , 956-957 [1992]). Although the plaintiff alleged in the bill of particulars that he sustained a serious injury to his jaw, in the form of “TMJ Syndrome,” the defendants failed to submit competent medical evidence addressing this alleged serious injury (see Dunlap v American Med. Response of N.Y., Inc., 102 AD3d 653 [2013]; Newman v Surf Glass Corp., 93 AD3d 830 , 831 [2012]). In ad
Eng, P.J., Rivera, Balkin and Barros, JJ., concur.
Cases cited
- Toure v. Avis Rent A Car Systems, Inc. 98 NY2d 345 p. 1188
- Dunlap v. American Medical Response of New York, Inc. 102 AD3d 653 p. 1188
- Newman v. Surf Glass Corp. 93 AD3d 830 at 831 p. 1188
- Che Hong Kim v. Kossoff 90 AD3d 969 at 969 p. 1189
- Rouach v. Betts 71 AD3d 977 p. 1189
- Winegrad v. New York University Medical Center 64 NY2d 851 at 853 p. 1189