Opinion
2012-05-8
Ashik B. RAMKALAWON, appellant, v. Mildred CORREA, respondent.
The Edelsteins, Faegenburg & Brown, New York, N.Y. (Louis A. Badalato and Paul Edelstein of counsel), for appellant. Litchfield Cavo LLP, New York, N.Y. (Victor A. Vicenzi of counsel), for respondent.
The Edelsteins, Faegenburg & Brown, New York, N.Y. (Louis A. Badalato and Paul Edelstein of counsel), for appellant. Litchfield Cavo LLP, New York, N.Y. (Victor A. Vicenzi of counsel), for respondent.
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 12, 2011, which 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) as a result of the subject accident.
ORDERED that the order is affirmed, with costs.
The defendant met her prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident ( see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345, 746 N.Y.S.2d 865, 774 N.E.2d 1197; Gaddy v. Eyler, 79 N.Y.2d 955, 956–957, 582 N.Y.S.2d 990, 591 N.E.2d 1176). The defendant provided competent medical evidence establishing, prima facie, that the alleged injuries to the lumbosacral region of the plaintiff's spine did not constitute a serious injury within the meaning of Insurance Law § 5102(d) ( see Rodriguez v. Huerfano, 46 A.D.3d 794, 795, 849 N.Y.S.2d 275).
In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.