Cestari v Mayo Servs., Inc.
2011 NY Slip Op 07394 [88 AD3d 847]
October 18, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


Ya Fen Cestari, Respondent,
v
Mayo Services, Inc., et al., Appellants.

[*1] Baker, McEvoy, Morrissey & Moskovits, P.C. (Thomas Torto, New York, N.Y. [Jason Levine], 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 appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Taylor, J.), entered September 23, 2010, as, upon renewal, vacated its prior order dated April 23, 2009, granting 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), and thereupon, denied their motion.

Ordered that the order entered September 23, 2010, is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, upon renewal, the plaintiff provided competent medical evidence raising a triable issue of fact as to whether the alleged injuries to the cervical and lumbar regions of her spine constituted serious injuries within the meaning of Insurance Law § 5102 (d) (see Dixon v Fuller, 79 AD3d 1094, 1094-1095 [2010]). She also provided competent medical evidence raising a triable issue of fact as to whether those alleged injuries were caused by the subject accident (see Jaramillo v Lobo, 32 AD3d 417, 418 [2006]). Accordingly, upon renewal, the Supreme Court properly vacated its prior order granting the defendants' motion for summary judgment dismissing the complaint, and thereupon, properly denied that motion. Dillon, J.P., Dickerson, Leventhal, Austin and Miller, JJ., concur.