Opinion
2011-10-18
YA FEN CESTARI, respondent,v.MAYO SERVICES, INC., et al., appellants.
Baker, McEvoy, Morrissey & Moskovits, P.C. (Thomas Torto, New York, N.Y. [Jason Levine], of counsel), for appellants.Sim & Park, LLP, New York, N.Y. (Sang J. Sim of counsel), for respondent.
In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Taylor, J.), entered September 23, 2010, as, upon renewal, vacated its prior order dated April 23, 2009, granting their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d), and thereupon, denied their motion.
ORDERED that the order entered September 23, 2010, is affirmed insofar as appealed from, with costs.
Contrary to the defendants' contention, upon renewal, the plaintiff provided competent medical evidence raising a triable issue of fact as to whether the alleged injuries to the cervical and lumbar regions of her spine constituted serious injuries within the meaning of Insurance Law § 5102(d) ( see Dixon v. Fuller, 79 A.D.3d 1094, 1094–1095, 913 N.Y.S.2d 776). She also provided competent medical evidence raising a triable issue of fact as to whether those alleged injuries were caused by the subject accident ( see Jaramillo v. Lobo, 32 A.D.3d 417, 418, 820 N.Y.S.2d 608). Accordingly, upon renewal, the Supreme Court properly vacated its prior order granting the defendants' motion for summary judgment dismissing the complaint, and thereupon, properly denied that motion.
DILLON, J.P., DICKERSON, LEVENTHAL, AUSTIN and MILLER, JJ., concur.