Majority
p. 708Scott M. Cracolici et al., Respondents, v Joseph J. Lassiter et al., Appellants, et al., Defendants. [868 NYS2d 905]
The movants failed to make a prima facie showing that the plaintiff Scott M. Cracolici (hereinafter the injured 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]). Since the movants failed to meet their initial burden, their motion for summary judgment should have been denied without regard to the sufficiency of the opposing papers (see Hughes v Cai, 31 AD3d 385 , 385-386 [2006]; see also Coscia v 938 Trading Corp., 283 AD2d 538 [2001]). Fisher, J.E, Lifson, Covello, Balkin and Belen, JJ., concur.
Cases cited
- Toure v. Avis Rent A Car Systems, Inc. 98 NY2d 345 p. 708
- Hughes v. Cai 31 AD3d 385 at 385-386 p. 708