Opinion
2002-04353
Submitted December 11, 2002.
December 30, 2002.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Seidell, J.), dated March 28, 2002, which denied his motion for summary judgment dismissing the complaint on the ground that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Gordon Silber, P.C., New York, N.Y. (David Henry Sculnick of counsel), for appellant.
Jacoby Jacoby, Medford, N.Y. (Christine Schibani of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant made a prima facie showing that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see Gaddy v. Eyler, 79 N.Y.2d 955) . However, the plaintiffs' admissible evidence was sufficient to raise a triable issue of fact (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345; Kandera v. Penta, 261 A.D.2d 365). Accordingly, the Supreme Court correctly denied the defendant's motion for summary judgment dismissing the complaint.
FLORIO, J.P., O'BRIEN, FRIEDMANN, ADAMS and CRANE, JJ., concur.