Majority
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Galasso, J.), entered July 18, 2008, which granted the defendants’ motion 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).
Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is denied.
The defendants failed to meet their prima facie burden of showing that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the
Since the defendants failed to satisfy their initial burden on their motion, it is not necessary to consider whether the plaintiffs opposition papers were sufficient to raise a triable issue of fact (see Marshak v Migliore, 60 AD3d at 647 ; Coscia v 938 Trading Corp., 283 AD2d 538 [2001]). Mastro, J.P., Miller, Dickerson and Chambers, JJ., concur.
Cases cited
- Toure v. Avis Rent A Car Systems, Inc. 98 NY2d 345 p. 765
- Marshak v. Migliore 60 AD3d 647 p. 765
- Gaccione v. Krebs 53 AD3d 524 at 525 p. 765
- Giammanco v. Valerio 47 AD3d 674 at 675 p. 765
- Coburn v. Samuel 44 AD3d 698 at 699 p. 765
- Iles v. Jonat 35 AD3d 537 at 538 p. 765
- Yashayev v. Rodriguez 28 AD3d 651 at 652 p. 765