51 A.D.3d 764 857 N.Y.S.2d 911

William Sanderson, Respondent, v Lonero Transit, Inc., et al., Appellants.

[857 NYS2d 911]

In an action to recover damages for personal injuries, the defendants appeal from , an order of the Supreme Court, Kings County (Schmidt, J.), dated May 15, 2007, 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).

Ordered that the order is affirmed, with costs.

The defendants met 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 NY2d 345 [2002]; Gaddy v *765Eyler, 79 NY2d 955, 956-957 [1992]). In opposition, however, the plaintiff raised a triable issue of fact. Mastro, J.E, Skelos, Lifson and Leventhal, JJ, concur.

Sanderson v. Lonero Transit, Inc.
51 A.D.3d 764 857 N.Y.S.2d 911

Case Details

Name
Sanderson v. Lonero Transit, Inc.
Decision Date
May 13, 2008
Citations

51 A.D.3d 764

857 N.Y.S.2d 911

Jurisdiction
New York

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