Citation Numbers: 287 A.D.2d 604, 731 N.Y.S.2d 754, 2001 N.Y. App. Div. LEXIS 9793
Filed Date: 10/22/2001
Status: Precedential
Modified Date: 11/1/2024
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Durante, J.), dated September 15, 2000, which denied its 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).
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the defendant’s motion for summary judgment, as it failed to establish a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 NY2d 955; Chaplin v Taylor, 273 AD2d 188; Langford v Jewett Transp. Serv., 271 AD2d 412; Moore v Tappen, 242 AD2d 526). One of the injuries allegedly suffered by the plaintiff in the subject accident was a partial tear of the rota-