From Casetext: Smarter Legal Research

O'Neal v. Bronopolsky

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 2007
41 A.D.3d 452 (N.Y. App. Div. 2007)

Opinion

No. 2006-09654.

June 5, 2007.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Harkavy, J.), dated July 5, 2006, which denied his 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).

Baker, McEvoy, Morrissey Moskovits, P.C., New York, N.Y. (Michael I. Josephs of counsel), for appellant.

Eric H. Green, New York, N.Y., for respondent.

Before: Schmidt, J.P., Krausman, Goldstein, Covello and Angiolillo, JJ.


Ordered that the order is affirmed, with costs.

The defendant failed to establish, prima facie, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident ( see Toure v Avis Rent A Car Sys., 98 NY2d 345; Gaddy v Eyler, 79 NY2d 955, 956-957). The defendant failed to even address, much less satisfy, his burden with respect to the plaintiff's allegation that he suffered a knee injury as a result of the accident ( see Hughes v Cai, 31 AD3d 385; Loadholt v New York City Tr. Auth., 12 AD3d 352). Since the defendant failed to establish his prima facie entitlement to judgment as a matter of law in the first instance, it is unnecessary to reach the question of whether the plaintiff's papers were sufficient to raise a triable issue of fact ( see Coscia v 938 Trading Corp., 283 AD2d 538).


Summaries of

O'Neal v. Bronopolsky

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 2007
41 A.D.3d 452 (N.Y. App. Div. 2007)
Case details for

O'Neal v. Bronopolsky

Case Details

Full title:MAXIMILLIAN O'NEAL, Respondent, v. BORIS BRONOPOLSKY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 5, 2007

Citations

41 A.D.3d 452 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 4806
835 N.Y.S.2d 910

Citing Cases

Sajid v. Murzin

The defendants failed to meet their prima facie burden of showing that the plaintiff Salma Sajid (hereinafter…

Rizzo v. Torchiano

Ordered that the order is affirmed, with costs. The defendant failed to make a prima facie showing that the…