Villavicencio v. Mieles

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Satterfield, J.), dated July 18, 2003, which granted the defendants’ separate motions for summary judgment dismissing the complaint on the ground that the plaintiff Jose Villavicencio did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, the motions are denied, and the complaint is reinstated.

The defendants failed to meet their initial burdens of establishing their entitlement…