Opinion
No. 79 SSM 3.
Decided February 24, 2009
APPEAL from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered September 2, 2008. The Appellate Division, with two Justices dissenting, affirmed an order of the Supreme Court, New York County (Deborah A. Kaplan, J.; op 2007 NY Slip Op 31530[U]), which had granted a motion by two of the defendants for summary judgment dismissing the complaint as against them.
Plaintiff commenced a personal injury action to recover damages for injuries allegedly sustained in an automobile accident. The Supreme Court granted the moving defendants' motion for summary judgment on the ground that plaintiff failed to meet the serious injury threshold.
Charley v Goss, 54 AD3d 569, affirmed.
Kahn Gordon Timko Rodriques P.C., New York City ( Thomas B. Grunfeld of counsel), for appellant.
Law Offices of Brian J. McGovern LLC, New York City ( Alison M.K. Lee of counsel), for respondent.
Before: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
OPINION OF THE COURT
The order of the Appellate Division should be affirmed with costs.
Defendants Howard Conroy and Margaret Goss presented prima facie evidence, including plaintiffs deposition testimony and medical records, that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) ( see Toure v Avis Rent A Car Sys., 98 NY2d 345). In opposition, plaintiff failed to raise a triable issue of fact.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, with costs, in a memorandum.