Hallett v Hassan
2008 NY Slip Op 01108 [48 AD3d 417]
February 5, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


Darrell M. Hallett, Respondent,
v
Mohamed Hassan et al., Appellants.

[*1] Baker, McEvoy, Morrissey & Moskovits, P.C. (Thomas Torto, New York, N.Y. [Jason Levine] of counsel), for appellants.

Harmon, Linder & Rogowsky (Mitchell Dranow, Mineola, N.Y. of counsel), for respondent.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Hinds-Radix, J.), dated May 23, 2007, which denied their 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 reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The defendants met 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]; see also Meyers v Bobower Yeshiva Bnei Zion, 20 AD3d 456 [2005]). In opposition, the plaintiff failed to raise a triable issue of fact. Mastro, J.P., Fisher, Florio, Angiolillo and Dickerson, JJ., concur.