| Lemieux v Horn |
| 2023 NY Slip Op 01354 [39 NY3d 1108] |
| March 16, 2023 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, May 10, 2023 |
| David J. Lemieux, Appellant, v Alton E. Horn et al., Respondents. |
Decided March 16, 2023
Lemieux v Horn, 209 AD3d 1100, affirmed.
Edelman, Krasin & Jaye, PLLC, Westbury (Aaron D. Fine of counsel), for appellant.
Smith Sovik, Syracuse (James W. Cunningham and Davis M. Katz of counsel), for respondents.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. The Appellate Division correctly concluded that defendant established prima facie entitlement to summary judgment and plaintiff failed to raise a triable issue of fact whether he suffered a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the accident (see Pommells v Perez, 4 NY3d 566, 573-575 [2005]; Franchini v Palmieri, 1 NY3d 536, 537 [2003]).{**39 NY3d at 1109}
Concur: Acting Chief Judge Cannataro and Judges Rivera, Garcia, Wilson, Singas and Troutman.