Bracco v. Zuhir

In an action to recover damages for personal injuries, the defendant Ghazal Zuhir appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated January 22, 2013, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him 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 affirmed, with costs.

The appellant met his prima facie burden of establishing that the plaintiff did not sustain a serious injury within the…