Opinion
2003-07075.
Decided June 28, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J.), dated June 25, 2003, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Aliazzo McCloskey, Ozone Park, N.Y. (Thomas P. McCloskey of counsel), for appellant.
Montfort, Healy, McGuire Salley, Garden City, N.Y. (John P. Rooney and Donald S. Neumann, Jr., of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, BARRY A. COZIER, PETER B. SKELOS, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The Supreme Court erred in granting the defendants' motion for summary judgment since they failed to make a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) ( see generally Gaddy v. Eyler, 79 N.Y.2d 955). Therefore, we need not address the sufficiency of the plaintiff's opposition papers ( see Coscia v. 938 Trading Corp., 283 A.D.2d 538; Mariaca-Olmos v. Mizrhy, 226 A.D.2d 437).
ALTMAN, J.P., GOLDSTEIN, SCHMIDT, COZIER and SKELOS, JJ., concur.