Opinion
No. 2008-02226.
December 9, 2008.
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated November 30, 2007, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff Michael J. Atan did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
John W. Hobbes, PLLC (Sweetbaum Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum], of counsel), for appellants.
Before: Skelos, J.P., Ritter, Dillon, Carni and Leventhal, JJ.
Ordered that the order is affirmed, without costs or disbursements.
The defendants failed to establish their prima facie entitlement to judgment as a matter of law. Accordingly, the defendants' motion for summary judgment dismissing the complaint was properly denied ( see Alvarez v Prospect Hosp., 68 NY2d 320, 324).