Aslam v. Hossain

In an action to recover damages for personal injuries, the de*750fendant appeals from an order of the Supreme Court, Queens County (Sampson, J.), dated February 8, 2010, which denied his 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).

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the defendant failed to meet his prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102…