Rampello v. Ferguson

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendant’s motion seeking summary judgment dismissing the complaint on the ground that Anthony J. Rampello (plaintiff) did not sustain a serious injury in the motor vehicle accident on March 8, 1995 (see, Insurance Law § 5102 [d]). Defendant failed to make “a prima facie showing of entitlement to judgment as a matter of law by coming forward with competent proof refuting the allegations of the complaint as amplified by the bill of particulars” (Balnys v Town of New Baltimore, 160 AD2d 1136; see, Owens v…