Koroma v. Mieses

Full title: DJEMORY KOROMA, Plaintiff-Respondent, v. Maximo Mieses and S.R.M. Mgt…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Aug 20, 2009

2009 N.Y. Slip Op. 51808 (N.Y. App. Term 2009)

901 N.Y.S.2d 900

Opinion

570264/09.

Decided August 20, 2009.

Defendants appeal from an order of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), entered January 2, 2009, which denied their motion for summary judgment dismissing the complaint.

Order (Ben R. Barbato, J.), entered January 2, 2009, affirmed, with $10 costs.

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.

PER CURIAM.

While defendants established a prima facie case that plaintiff did not sustain a serious injury ( see Insurance Law § 5102[d]; Tuberman v Hall, 61 AD3d 441), the affirmed reports of plaintiff's medical experts were sufficient to raise a triable issue ( see Toure v Avis Rent A Car Sys., Inc., 98 NY2d 345, 353).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.