Kim v Salaumeh
2010 NY Slip Op 09910 [79 AD3d 1124]
December 28, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


Young Bae Kim, Respondent,
v
Massim M. Salaumeh et al., Appellants, et al., Defendant.

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

Sim & Park, LLP, New York, N.Y. (Sang J. Sim of counsel), for respondent.

In an action to recover damages for personal injuries, the defendants Massim M. Salaumeh and R&F Limousine appeal from an order of the Supreme Court, Queens County (McDonald, J.), dated June 24, 2010, which 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, with costs.

Under the circumstances of this case, the Supreme Court properly denied the appellants' 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). Mastro, J.P., Florio, Dickerson, Belen and Lott, JJ., concur. [Prior Case History: 28 Misc 3d 1202(A), 2010 NY Slip Op 51126(U).]