Opinion
2002-00583
Submitted September 4, 2002.
September 24, 2002.
In an action to recover damages for personal injuries, the defendants appeal from so much of an order of the Supreme Court, Nassau County (McCarty, J.), entered December 14, 2001, as denied their cross 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).
Shayne, Dachs, Stanisci, Corker Sauer, Mineola, N.Y. (Jonathan A. Dachs of counsel), for appellants.
John Marshall, Plainview, N.Y., for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, HOWARD MILLER, WILLIAM F. MASTRO, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
In opposition to the defendant's prima facie showing of entitlement to judgment as a matter or law, the plaintiff met his burden of demonstrating the existence of a triable issue of fact with respect to whether he sustained a serious injury within the meaning of Insurance Law § 5102(d) (see Stark v. Amadio, 239 A.D.2d 569; Rut v. Grigonis, 214 A.D.2d 721; Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345).
SANTUCCI, J.P., SMITH, GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.