Derosa v. Abeshouse

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Janowitz, J.), entered July 9, 2014, which denied their 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 affirmed, with costs.

The defendants failed to meet their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d)…