Citation Numbers: 15 A.D.3d 555, 790 N.Y.S.2d 204, 2005 N.Y. App. Div. LEXIS 1799
Filed Date: 2/22/2005
Status: Precedential
Modified Date: 11/1/2024
In an action to recover damages for personal injuries, the plaintiffs Adina Nozine, as mother and natural guardian of Rudolph Nozine, Adina Nozine, as mother and natural guardian of Rolph Nozine, Yvaldine Nozine, individually, and Adina Nozine, individually, appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Dowd, J.), dated December 16, 2003, as granted that branch of the motion of the defendants Sav-On Car Rentals and Thrifty Car Rentals which was for summary judgment dismissing the complaint insofar as asserted against them by the plaintiff Rolph Nozine on the ground that Rolph Nozine did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the appeals by the plaintiffs Adina Nozine, as mother and natural guardian of Rudolph Nozine, Yvaldine Nozine, individually, and Adina Nozine, individually, are dismissed, as those plaintiffs are not aggrieved by the portion of the order appealed from (see CFLR 5511); and it is further,
Ordered that the order is affirmed insofar as appealed from by the plaintiff Adina Nozine, as mother and natural guardian of of Rolph Nozine; and it is further,
Ordered that one bill of costs is awarded to the respondents payable by the plaintiff Adina Nozine, as mother and natural guardian of Rolph Nozine.
The defendants Sav-On Car Rentals and Thrifty Car Rentals made a prima facie showing that Rolph Nozine (hereinafter the plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) by submitting copies of the plaintiffs
Accordingly, the Supreme Court properly granted that branch of the motion of the defendants Sav-On Car Rentals and Thrifty Car Rentals which was for summary judgment dismissing the complaint insofar as asserted against them by the plaintiff. Florio, J.E, Krausman, Crane, Rivera and Fisher, JJ., concur.