Osada v. Taub

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Durante, J.), dated January 7, 1998, which denied their motion for summary judgment dismissing the complaint.

*474Ordered that the order is affirmed, with costs.

Contrary to the defendants’ contention, the Supreme Court properly denied their motion for summary judgment. The defendants failed to meet their burden of submitting evidence establishing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The defendants submitted an…