Infante v. Sol Del Mar Hacking Corp.

Appellate Division of the Supreme Court of New York

Infante v. Sol Del Mar Hacking Corp.

111 A.D.3d 604, 974 N.Y.S.2d 284

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

DecidedNovember 6, 2013

StatusPublished

This text of 111 A.D.3d 604 (Infante v. Sol Del Mar Hacking Corp.) 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

Infante v. Sol Del Mar Hacking Corp., 111 A.D.3d 604, 974 N.Y.S.2d 284 (N.Y. Ct. App. 2013).

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Opinion

— In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Rothenberg, J.), dated January 24, 2013, 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) as a result of the subject accident.

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 Eyler, 79 NY2d 955, 956-957 [1992]). In opposition, the plaintiff raised a triable issue of fact. Accordingly, the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint (see Zuckerman v City of New York, 49 NY2d 557 [1980]). Skelos, J.E, Dickerson, Lott and Austin, JJ., concur.

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— In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Rothenberg, J.), dated January 24, 2013, 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) as a result of the subject accident.

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 Eyler, 79 NY2d 955, 956-957 [1992]). In opposition, the plaintiff raised a triable issue of fact. Accordingly, the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint (see Zuckerman v City of New York, 49 NY2d 557 [1980]). Skelos, J.E, Dickerson, Lott and Austin, JJ., concur.

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Bluebook (online)

111 A.D.3d 604, 974 N.Y.S.2d 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/infante-v-sol-del-mar-hacking-corp-nyappdiv-2013.

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