Atan v Fitzgerald
2008 NY Slip Op 09737 [57 AD3d 594]
December 9, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


Michael J. Atan et al., Respondents,
v
Deborah J. Fitzgerald et al., Appellants.

—[*1] John W. Hobbes, PLLC (Sweetbaum & Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum], of counsel), for appellants.

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated November 30, 2007, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff Michael J. Atan did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, without costs or disbursements.

The defendants failed to establish their prima facie entitlement to judgment as a matter of law. Accordingly, the defendants' motion for summary judgment dismissing the complaint was properly denied (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Skelos, J.P., Ritter, Dillon, Carni and Leventhal, JJ., concur.