Opinion
2002-01246
Submitted December 11, 2002.
January 13, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (DeMaro, J.), entered November 20, 2001, as granted the defendant's 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).
Kenneth J. Ready, Mineola, N.Y. (Michael T. Savelli of counsel), for appellant.
Ahmuty, Demers McManus, Albertson, N.Y. (Frederick B. Simpson and Brendan T. Fitzpatrick of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated.
The defendant established her prima facie entitlement to summary judgment by submitting, among other things, the report of her examining physician, which indicated, through sufficient objective evidence, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see Gaddy v. Eyler, 79 N.Y.2d 955; Espinal v. Galicia, 290 A.D.2d 528; Fisher v. Cho Pyung Choi, 289 A.D.2d 523). In opposition, the plaintiff raised a triable issue of fact (see generally Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345). Accordingly, the Supreme Court erred in granting the defendant's motion for summary judgment dismissing the complaint.
FEUERSTEIN, J.P., KRAUSMAN, LUCIANO, TOWNES and COZIER, JJ., concur.