Opinion
Submitted September 6, 2000
October 10, 2000.
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Posner, J.), dated August 2, 1999, which denied their motion for summary judgment dismissing the complaint on the ground that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Frank V. Merlino, Garden City, N.Y. (David Holmes of counsel), for appellants.
Leo Friedlich, New York, N.Y. (Eric Sorenson of counsel), for respondents.
Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
We agree with the Supreme Court that the defendants failed to submit sufficient evidence to establish as a matter of law that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see, Chaplain v. Taylor, 273 A.D.2d 188; [2d Dept., June 5, 2000]; 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).