Hopper v. Burgos

• Decision Date: 31 July 2019
• Docket Number: Index No. 61216/14,2017–06983
• Citation: 174 A.D.3d 865,103 N.Y.S.3d 315 (Mem)
• Parties: Justin HOPPER, Appellant, v. Brittany N. BURGOS, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

174 A.D.3d 865
103 N.Y.S.3d 315 (Mem)

Justin HOPPER, Appellant,
v.
Brittany N. BURGOS, et al., Respondents.

2017–06983
Index No. 61216/14

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

Submitted - April 16, 2019
July 31, 2019

Rosenberg & Gluck, LLP, Holtsville, N.Y. (Megan M. Mackenzie of counsel), for appellant.

Russo & Tambasco, Melville, N.Y. (Susan J. Mitola of counsel), for respondents.

MARK C. DILLON, J.P., JOHN M. LEVENTHAL, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

174 A.D.3d 865

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Daniel M. Martin, J.), dated May 19, 2017. 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.

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 he allegedly sustained in a motor vehicle

103 N.Y.S.3d 316

accident that occurred in October 2011. 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. The Supreme Court granted the motion, and the plaintiff appeals.

The defendants met 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 the subject accident (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345, 746 N.Y.S.2d 865, 774 N.E.2d 1197 ; Gaddy v. Eyler, 79 N.Y.2d 955, 956–957, 582 N.Y.S.2d 990, 591 N.E.2d 1176 ). The defendants submitted competent medical evidence...