LAW.coLAW.co

Lenore Christie, Respondent, v. Diane B. Harrison, Appellant

New York Supreme Court, Appellate Division2014-01-08
113 A.D.3d 585977 N.Y.S.2d 898

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

The defendant failed to meet her 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]). The papers submitted by the defendant failed to adequately address the plaintiffs claim, set forth in the bill of particulars, that she sustained a serious injury under the 90/180-day category of Insurance Law § 5102 (d) (see DeVille v Barry, 41 AD3d 763, 763-764 [2007]).

Since the defendant did not sustain her prima facie burden, it is unnecessary to determine whether the papers submitted by the plaintiff in opposition were sufficient to raise a triable issue of fact (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Accordingly, the Supreme Court properly denied defendant’s motion for summary judgment. Rivera, J.P., Hall, Roman and Cohen, JJ., concur.