Opinion
2002-09070
Submitted March 19, 2003.
April 21, 2003.
In an action to recover damages for personal injuries, etc., the defendants Kumar M. Nandan and Samsoodeen Nandan appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Ruditzky, J.), dated August 22, 2002, as denied their cross 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).
Composto Fitzgerald, Brooklyn, N.Y. (Robert E. Giovinazzi of counsel), for appellants.
Kahn, Gordon, Timko Rodrigues, P.C., New York, N.Y. (Nicholas I. Timko and Damani Wilson of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The appellants failed to meet their initial burden of establishing their entitlement to judgment as a matter of law by demonstrating that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see Murphy v. Kaplan, 288 A.D.2d 361; Morales v. New York City Tr. Auth., 287 A.D.2d 604).
ALTMAN, J.P., SMITH, ADAMS and COZIER, JJ., concur.