Uribe v. Jimenez
| Decision Date | 25 November 2015 |
| Parties | Gladys URIBE, appellant, v. Byron T. JIMENEZ, respondent. |
| Court | New York Supreme Court — Appellate Division |
133 A.D.3d 844
20 N.Y.S.3d 555
Gladys URIBE, appellant,
v.
Byron T. JIMENEZ, respondent.
Supreme Court, Appellate Division, Second Department, New York.
Nov. 25, 2015.
Sacco & Fillas, LLP, Astoria, N.Y. (Nissim Abaev of counsel), for appellant.
Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn, N.Y. (Robert D. Grace of counsel), for respondent.
WILLIAM F. MASTRO, J.P., L. PRISCILLA HALL, SANDRA L. SGROI, and COLLEEN D. DUFFY, JJ.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Lane, J.), entered October 9, 2014, which granted the defendant's 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 defendant's motion for summary judgment dismissing the complaint is denied.
The defendant met his prima facie burden of showing that the plaintiff did not sustain a serious injury to her ribs within the meaning of Insurance Law § 5102(d) as a result of the subject accident (see Rivera v. Ramos, 132 A.D.3d 655, 17 N.Y.S.3d 739 ; Bojorquez v. Sanchez, 65 A.D.3d 1179, 1179–1180, 885 N.Y.S.2d 362 ; I Mei Chou v. Welsh, 15 A.D.3d 622, 622, 791 N.Y.S.2d 579 ). In support of his motion, the defendant submitted the plaintiff's medical records from Elmhurst Hospital, which indicated that a chest X ray did not reveal any rib fractures (see Estaba v. Quow, 74 A.D.3d 734, 734–735, 902 N.Y.S.2d 155 ). While these medical records were not certified, the defendant could rely on them in order to demonstrate a lack of serious injury, as they were the records of the plaintiff's treating physicians (see Elshaarawy v. U–Haul Co. of Miss., 72 A.D.3d 878, 881, 900 N.Y.S.2d 321 ; Kearse v. New York City Tr. Auth., 16 A.D.3d 45, 47 n. 1, 789 N.Y.S.2d 281 ).
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