Lewis v. Tejada

59 A.D.3d 262, 872 N.Y.S.2d 667

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 19, 2009
• Status: Published

Opinion

der, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered July 8, 2008, which denied defendant Nicolas Tejada’s motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a “serious injury” within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

While defendant satisfied his initial burden of presenting a prima facie case that plaintiff did not suffer serious injury, the submissions of plaintiffs expert were sufficient to raise a triable issue of fact on that question. Plaintiff also raised issues of fact as to her 90/180-day claim. Concur—Mazzarelli, J.P., Friedman, Gonzalez, Catterson and Renwick, JJ.