82 A.D.3d 870 918 N.Y.S.2d 357

Nicholas Soldano, Respondent, v City of New York (Police Department) et al., Defendants, and Elsiddig Limo, Inc., et al., Appellants. (Action No. 1.) Ruth Jones et al., Plaintiffs, v Elsiddig Limo, Inc., et al., Defendants. (Action No. 2.)

[918 NYS2d 357]

The Supreme Court properly concluded that the appellants failed to meet their prima facie burden of showing that the plaintiff in action No. 1, Nicholas Soldano, did not sustain a serious injury within the meaning of Insurance Law ยง 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). Since the appellants failed to meet their prima facie burden as movants, we need not review the sufficiency of the opposition papers (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Mastro, J.P, Florio, Dickerson, Belen and Lott, JJ., concur.

Soldano v. City of New York
82 A.D.3d 870 918 N.Y.S.2d 357

Case Details

Name
Soldano v. City of New York
Decision Date
Mar 8, 2011
Citations

82 A.D.3d 870

918 N.Y.S.2d 357

Jurisdiction
New York

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!