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Gordon Joris et al., Respondents, v. UMF Car & Limo Service et al., Appellants, et al., Defendant

New York Supreme Court, Appellate Division2011-03-22
82 A.D.3d 1050919 N.Y.S.2d 360

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

The appellants failed to meet 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]).

Since the appellants did not sustain their prima facie burden, it is unnecessary to determine whether the papers submitted by the plaintiffs in opposition were sufficient to raise a triable issue of fact (see Linton v Nawaz, 14 NY3d 821, 822 [2010]; Bright v Moussa, 72 AD3d 859, 860 [2010]; Menezes v Khan, 67 AD3d 654, 654-655 [2009]). Mastro, J.E, Angiolillo, Balkin, Lott and Miller, JJ., concur.