Opinion
2002-02985
Submitted January 22, 2003.
February 18, 2003.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated March 7, 2002, which denied her motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Richard J. Baldwin, Hauppauge, N.Y. (William C. Muller of counsel), for appellant.
Michael S. Langella, Ronkonkoma, N.Y., for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant established her prima facie entitlement to summary judgment by submitting, among other things, affirmations by her examining physicians, which indicated 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; Kallicharan v. Sooknanan, 282 A.D.2d 573; Santoro v. Daniel, 276 A.D.2d 478). However, the plaintiff successfully opposed the motion by raising a triable issue of fact (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345). Accordingly, the Supreme Court properly denied the defendant's motion for summary judgment.
ALTMAN, J.P., SMITH, LUCIANO, ADAMS and COZIER, JJ., concur.