| Franklin v Gareyua |
| 2017 NY Slip Op 02091 [29 NY3d 925] |
| March 23, 2017 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 26, 2017 |
| Kyreese L. Franklin, Appellant, v Carmen Rosa Gareyua et al., Respondents. |
Decided March 23, 2017
Franklin v Gareyua, 136 AD3d 464, affirmed.
McMahon & McCarthy, Bronx (Matthew J. McMahon of counsel), for appellant.
Mauro Lilling Naparty LLP, Woodbury (Matthew W. Naparty and Seth M. Weinberg of counsel), for respondents.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division correctly concluded that plaintiff failed to raise a triable issue of fact as to whether he suffered a serious left shoulder injury within the meaning of Insurance Law § 5102 (d) as a result of the underlying motor vehicle accident.
Concur: Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson.