General
Nicholas Soldano, Respondent, v. City of New York (Police Department) et al., Defendants, and Elsiddig Limo, Inc., et al., Appellants. (Action No. 1.); Ruth Jones et al., Plaintiffs, v. Elsiddig Limo, Inc., et al., Defendants. (Action No. 2.)
82 A.D.3d 870918 N.Y.S.2d 357·New York Supreme Court, Appellate Division·2011·NY
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Opinion
Nicholas Soldano, Respondent, v City of New York (Police Department) et al., Defendants, and Elsiddig Limo, Inc., et al., Appellants. (Action No. 1.) Ruth Jones et al., Plaintiffs, v Elsiddig Limo, Inc., et al., Defendants. (Action No. 2.)
[918 NYS2d 357]
[MAJORITY]
The Supreme Court properly concluded that the appellants failed to meet their prima facie burden of showing that the plaintiff in action No. 1, Nicholas Soldano, did not sustain 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, 956-957 [1992]). Since the appellants failed to meet their prima facie burden as movants, we need not review the sufficiency of the opposition papers (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Mastro, J.P, Florio, Dickerson, Belen and Lott, JJ., concur.