Opinion
Submitted October 3, 2001.
October 22, 2001.
In an action to recover damages for personal injuries, etc., the defendants Ryders TRS, Inc., and James Galicia, and the defendant Edmundo Espinal separately appeal from an order of the Supreme Court, Queens County (Price, J.), dated November 9, 2000, which denied their respective motions for summary judgment dismissing the complaint insofar as asserted against them on the ground that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Morris, Duffy, Alonso Faley, LLP, New York, N.Y. (Yolanda L. Himmelberger and Matthew J. Vitucci of counsel), for appellants Ryder TRS, Inc., and James Galicia.
Michael E. Pressman, New York, N.Y. (Jodi I. Mintz of counsel), for appellant Edmundo Espinal.
Bongiorno Bongiorno, Garden City, N.Y. (Brandon M. Cruz and Aaron C. Gross of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, HOWARD MILLER, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.
The appellants failed to meet their initial burden of establishing their entitlement to judgment as a matter of law by demonstrating that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see, Chaplin v. Taylor, 273 A.D.2d 188; Mariaca-Olmos v. Mizrhy, 226 A.D.2d 437; Flanagan v. Hoeg, 212 A.D.2d 756). Under these circumstances, we need not consider whether the plaintiffs' papers were sufficient to raise a triable issue of fact (see, Chaplain v. Taylor, supra; Mariaca-Olmos v. Mizrhy, supra).
SANTUCCI, J.P., FLORIO, H. MILLER and COZIER, JJ., concur.