Gui Hyun Na v. Five Stars Trucking, Inc.

• Decision Date: 04 December 2019
• Docket Number: Index No.708358/14,2018–06782
• Citation: 178 A.D.3d 673,111 N.Y.S.3d 236 (Mem)
• Parties: GUI HYUN NA, Appellant, v. FIVE STARS TRUCKING, INC., et al., Respondents.
• Court: New York Supreme Court — Appellate Division

178 A.D.3d 673
111 N.Y.S.3d 236 (Mem)

GUI HYUN NA, Appellant,
v.
FIVE STARS TRUCKING, INC., et al., Respondents.

2018–06782
Index No.708358/14

Supreme Court, Appellate Division, Second Department, New York.

Argued - October 17, 2019
December 4, 2019

Andrew Park, P.C., New York, NY, for appellant.

Goldberg, Miller & Rubin, P.C., New York, N.Y. (Alexander W. Cogbill and Matthew D. Lavoie of counsel), for respondents.

CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, HECTOR D. LASALLE, BETSY BARROS, JJ.

DECISION & ORDER

178 A.D.3d 673

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Salvatore J. Modica, J.), entered April 13, 2018. The order granted the defendants' 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) as a result of the subject accident.

111 N.Y.S.3d 237

ORDERED that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

The plaintiff commenced this action to recover damages for personal injuries that she allegedly sustained in a motor vehicle accident on June 10, 2014. The defendants moved 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) as a result of the subject accident. By order entered April 13, 2018, the Supreme Court granted the defendants' motion. The plaintiff appeals.

The defendants failed to meet their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of

178 A.D.3d 674

the subject accident (see Toure v. Avis Rent A Car Sys. , 98 N.Y.2d 345, ...