Opinion
2001-06392
Submitted May 29, 2002.
June 18, 2002
In an action to recover damages for personal injuries, etc., the defendants Manhattan and Bronx Surface Transit Operating Authority, the New York City Transit Authority, and Melvin Stanford appeal from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated April 6, 2001, as denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff Deon Reid did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Wallace D. Gossett, Brooklyn, N.Y. (Steve Efron of counsel), for appellants.
Tarshis Hammerman, LLP, Forest Hills, N.Y. (Michael A. Hammerman of counsel), for respondents.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, GLORIA GOLDSTEIN, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The appellants failed to establish a prima facie case that the injuries sustained by the plaintiff Deon Reid were not serious within the meaning of Insurance Law § 5102(d) (see Flanagan v. Hoeg, 212 A.D.2d 756, 757). Therefore, the Supreme Court properly denied their motion.
RITTER, J.P., FLORIO, GOLDSTEIN and COZIER, JJ., concur.