Opinion
October 14, 1997
Appeal from Supreme Court, Queens County (Price, J.).
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The plaintiffs met their burden in opposition to the defendants' motion by submitting sufficient evidence to create a triable issue of fact as to whether the injured plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d) ( see, Pareti v. Giglietta, 221 A.D.2d 607; Rut v Grigonis, 214 A.D.2d 721; Meireles v. Lakeland Cent. School Dist., 208 A.D.2d 508; see also, Lopez v. Senatore, 65 N.Y.2d 1017).
Miller, J.P., Ritter, Sullivan, Santucci and McGinity, JJ., concur.