Dioum v Milkyway Cab Corp.
2009 NY Slip Op 01771 [60 AD3d 724]
March 10, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


Yacine Dioum, Respondent,
v
Milkyway Cab Corp. et al., Defendants, and Omonia Cab Corp. et al., Appellants.

—[*1] Baker, McEvoy, Morrissey & Moskovits, P.C., New York, N.Y. (Stacy R. Seldin of counsel), for appellants.

Kaplan & Kaplan, Brooklyn, N.Y. (Cary H. Kaplan of counsel), for respondent.

In an action to recover damages for personal injuries, the defendants Omonia Cab Corp. and Shafi Ullah appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated June 26, 2008, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them 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 affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that there are triable issues of fact requiring the denial of summary judgment. Mastro, J.P., Fisher, Florio and Eng, JJ., concur.