Mickens v. Khalid

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered December 18, 2007, which granted defendants’ motion for summary judgment dismissing the complaint on the threshold issue of serious injury, and denied plaintiffs’ cross motion for partial summary judgment on the issue of liability as moot, unanimously affirmed, without costs.

Defendants met their prima facie burden through the submission of affirmed reports of their neurologist, orthopedist and radiologist which showed that the injured plaintiff Mickens did not sustain a serious injury within the meaning of Insurance…