Opinion
2002-05190
Submitted April 2, 2003.
April 21, 2003.
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Rockland County (Nelson, J.), dated April 11, 2002, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff Marie K. Francois did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Appelbaum, Bauman, Appelbaum Frey, Liberty, N.Y. (Joel R. Appelbaum of counsel), for appellants.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, HOWARD MILLER, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
In support of their motion for summary judgment, the defendants failed to demonstrate that the injured plaintiff's injury was not causally related to the subject accident, or that it was not serious within the meaning of Insurance Law § 5102(d) (see Franca v. Parisi, 298 A.D.2d 554; Junco v. Ranzi, 288 A.D.2d 440; Hussein v. Littman, 287 A.D.2d 543; Volozhinets v. DeHaven, 286 A.D.2d 437). Accordingly, the defendants' motion for summary judgment was properly denied since they failed to establish their entitlement to judgment as a matter of law. Thus, we need not consider the sufficiency of the plaintiffs' opposition papers (see Chaplin v. Taylor, 273 A.D.2d 188).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN, H. MILLER and CRANE, JJ., concur.