Opinion

Charalambous v. Brown

  • 135 A.D.3d 892
  • 23 N.Y.S.3d 584
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jan 27, 2016
Status
Published
Cited by
0 cases
Authority
More cited than 42.9%

The opinion

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Lane, J.), entered November 17, 2014, which granted the defendant’s motion for summary judgment

*893

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 reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is denied.

The defendant met his 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 Eyler,

79 NY2d 955, 956-957 [1992]). The defendant submitted competent medical evidence establishing, prima facie, that the alleged injuries to the cervical and lumbar regions of the plaintiff’s spine, as well as to her left knee, did not constitute serious injuries under either the permanent consequential limitation of use or significant limitation of use categories of Insurance Law § 5102 (d)

(see Staff v Yshua,

59 AD3d 614 [2009]).

In opposition, however, the plaintiff submitted competent medical evidence which raised a triable issue of fact as to whether she sustained serious injuries to the cervical and lumbar regions of her spine and to her left knee under the permanent consequential limitation of use or significant limitation of use categories of Insurance Law § 5102 (d)

(see Perl v Meher,

18 NY3d 208, 218-219 [2011]).

Accordingly, the Supreme Court should have denied the defendant’s motion for summary judgment dismissing the complaint. Mastro, J.P., Hall, Sgroi and Duffy, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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