Arain v. Budget Rent A Car, Inc.

Appellate Division of the Supreme Court of New York

Arain v. Budget Rent A Car, Inc.

282 A.D.2d 560, 723 N.Y.S.2d 402, 2001 N.Y. App. Div. LEXIS 4208

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 16, 2001

StatusPublished

This text of 282 A.D.2d 560 (Arain v. Budget Rent A Car, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arain v. Budget Rent A Car, Inc., 282 A.D.2d 560, 723 N.Y.S.2d 402, 2001 N.Y. App. Div. LEXIS 4208 (N.Y. Ct. App. 2001).

Pincite

Opinion

—In an action to recover damages for personal injuries, the defendant Budget Rent A Car, Inc., appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), entered June 13, 2000, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it 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 reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The appellant established a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The burden thus shifted to the plaintiff to come forward with admissible evidence to raise a triable issue of fact (see, Gaddy v Eyler, 79 NY2d 955, 956-957). The plaintiff failed to do so (see, Greene v Miranda, 272 AD2d 441; Grossman v Wright, 268 AD2d 79). Thus, the appellant was entitled to summary judgment dismissing the complaint insofar as asserted against it (see, Licari v Elliott, 57 NY2d 230). Bracken, P. J., S. Miller, McGinity and Schmidt, JJ., concur.

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—In an action to recover damages for personal injuries, the defendant Budget Rent A Car, Inc., appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), entered June 13, 2000, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it 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 reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The appellant established a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The burden thus shifted to the plaintiff to come forward with admissible evidence to raise a triable issue of fact (see, Gaddy v Eyler, 79 NY2d 955, 956-957). The plaintiff failed to do so (see, Greene v Miranda, 272 AD2d 441; Grossman v Wright, 268 AD2d 79). Thus, the appellant was entitled to summary judgment dismissing the complaint insofar as asserted against it (see, Licari v Elliott, 57 NY2d 230). Bracken, P. J., S. Miller, McGinity and Schmidt, JJ., concur.

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Bluebook (online)

282 A.D.2d 560, 723 N.Y.S.2d 402, 2001 N.Y. App. Div. LEXIS 4208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arain-v-budget-rent-a-car-inc-nyappdiv-2001.

Opinion

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