Opinion
2003-06789.
Decided May 17, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Pagones, J.), dated July 10, 2003, which granted the defendants' 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).
Goldstein Metzger, LLP (Diamond Diamond, LLC, New York, N.Y. [Stuart Diamond] of counsel), for appellant.
McCabe Mack, LLP, Poughkeepsie, N.Y. (Kimberly Hunt Lee of counsel), for respondents.
Before: A. GAIL PRUDENTI, P.J., ANITA R. FLORIO, HOWARD MILLER, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
In opposition to the defendants' prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject motor vehicle accident, the plaintiff submitted sufficient proof to raise a triable issue of fact ( see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345; Gaddy v. Eyler, 79 N.Y.2d 955). Accordingly, the defendants' motion for summary judgment dismissing the complaint should have been denied ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324).
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.