Opinion

Rahman v. Brown

  • 6 A.D.3d 518
  • 775 N.Y.S.2d 344
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Apr 12, 2004
Status
Published
Cited by
2 cases
Authority
More cited than 63.0%

The opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Satterfield, J), dated January 28, 2003, which granted the defendants’ separate motions for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with one bill of costs, the motions are denied, and the complaint is reinstated.

The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject motor vehicle accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955 [1992]). However, the affirmations of the plaintiff’s physicians submitted in opposition to the defendants’ motions raised a triable issue of fact as to whether the plaintiff sustained a serious injury.

*519 Accordingly, the Supreme Court erred in granting the defendants’ motions for summary judgment. Santucci, J.P., Smith, Luciano and Adams, 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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