Katechis v. Batista

The defendant failed to meet his prima facie burden of establishing, prima facie, that neither of the plaintiffs sustained 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 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955 [1992]). The plaintiffs alleged, inter alia, that as a result of the subject accident, they each sustained a serious injury under the 90/180-day category of Insurance Law § 5102 (d). In addressing the plaintiffs’ 90/180-day claims, the defendant, relying on the deposition testimony of the…