Opinion
2017–11595 Index No. 28273/13
09-18-2019
Baljinder BASSI, et al., Appellants, v. Anthony GRECO, et al., Respondents.
John A. Mullan (Mitchell Dranow, Sea Cliff, NY, of counsel), for appellants. Cuomo LLC, Mineola, N.Y. (Joseph A. Lupo, Jr., and Matthew A. Cuomo of counsel), for respondents.
John A. Mullan (Mitchell Dranow, Sea Cliff, NY, of counsel), for appellants.
Cuomo LLC, Mineola, N.Y. (Joseph A. Lupo, Jr., and Matthew A. Cuomo of counsel), for respondents.
WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, ROBERT J. MILLER, LINDA CHRISTOPHER, JJ.
DECISION & ORDER In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Arthur G. Pitts, J.), dated October 3, 2017. The order granted the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiff Baljinder Bassi did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident. ORDERED that the order is affirmed, with costs.
The plaintiffs commenced this action, inter alia, to recover damages for personal injuries allegedly sustained by the plaintiff Baljinder Bassi (hereinafter the injured plaintiff) in a motor vehicle accident on October 11, 2012. The defendants moved 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) as a result of the accident. The Supreme Court granted the motion, and the plaintiffs appeal.
The defendants met their prima facie burden of showing that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the accident (see Toure v. Avis Rent A Car Sys. , 98 N.Y.2d 345, 746 N.Y.S.2d 865, 774 N.E.2d 1197 ; Gaddy v. Eyler , 79 N.Y.2d 955, 956–957, 582 N.Y.S.2d 990, 591 N.E.2d 1176 ). The defendants submitted competent medical evidence establishing, prima facie, that the alleged injury to the cervical region of the injured plaintiff's spine was not caused by the accident (see generally Jilani v. Palmer , 83 A.D.3d 786, 787, 920 N.Y.S.2d 424 ). In opposition, the plaintiffs failed to raise a triable issue of fact.
Accordingly, we agree with the Supreme Court's determination to grant the defendants' motion for summary judgment dismissing the complaint.
MASTRO, J.P., RIVERA, MILLER and CHRISTOPHER, JJ., concur.