Opinion
2012-10-24
Jessica ROBINSON, respondent, v. Ticara LAWRENCE, et al., appellants.
DeSena & Sweeney, LLP, Hauppauge, N.Y. (Shawn P. O'Shaughnessy of counsel), for appellants. Falk & Klebanoff, P.C., West Hempstead, N.Y. (Victor A. Carr and Jeffrey P. Falk of counsel), for respondent.
DeSena & Sweeney, LLP, Hauppauge, N.Y. (Shawn P. O'Shaughnessy of counsel), for appellants. Falk & Klebanoff, P.C., West Hempstead, N.Y. (Victor A. Carr and Jeffrey P. Falk of counsel), for respondent.
In an action, inter alia, to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Taylor, J.), entered March 19, 2012, which denied their 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) as a result of the subject accident.
ORDERED that the order is affirmed, with costs.
The defendants failed to meet their prima facie burden of showing 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 N.Y.2d 345, 746 N.Y.S.2d 865, 774 N.E.2d 1197;Gaddy v. Eyler, 79 N.Y.2d 955, 956–957, 582 N.Y.S.2d 990, 591 N.E.2d 1176). The *469defendants failed to adequately address the plaintiff's claim, set forth in her bill of particulars, that as a result of the subject accident, she sustained certain injuries to her right knee ( see Rahman v. Sarpaz, 62 A.D.3d 979, 980, 880 N.Y.S.2d 125;Joseph v. Hampton, 48 A.D.3d 638, 638–639, 852 N.Y.S.2d 335).
Accordingly, the Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint, regardless of the sufficiency of the plaintiff's opposition papers ( see Rahman v. Sarpaz, 62 A.D.3d at 980, 880 N.Y.S.2d 125;Joseph v. Hampton, 48 A.D.3d at 639, 852 N.Y.S.2d 335).