| Soldano v City of New York (Police Dept.) |
| 2011 NY Slip Op 01826 [82 AD3d 870] |
| March 8, 2011 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Nicholas Soldano, Respondent, v City of New York (Police
Department) et al., Defendants, and Elsiddig Limo, Inc., et al., Appellants. (Action No. 1.) Ruth
Jones et al., Plaintiffs, v Elsiddig Limo, Inc., et al., Defendants. (Action No. 2.) |
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Kaplan Belsky Ross Bartell, LLP, Garden City, N.Y. (Lewis A. Bartell of counsel), for
respondent.
In related actions to recover damages for personal injuries, etc., the defendants Elsiddig Limo, Inc., and Lemine Mohamed appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Miller, J.), dated January 15, 2010, as denied their motion for summary judgment dismissing the complaint in action No. 1 insofar as asserted against them on the ground that the plaintiff in that action, Nicholas Soldano, 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 concluded that the appellants failed to meet their prima facie burden of showing that the plaintiff in action No. 1, Nicholas Soldano, 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]). Since the appellants failed to meet their prima facie burden as movants, we need not review the sufficiency of the opposition papers (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Mastro, J.P., Florio, Dickerson, Belen and Lott, JJ., concur.