General

Lenore Christie, Respondent, v. Diane B. Harrison, Appellant

113 A.D.3d 585977 N.Y.S.2d 898·New York Supreme Court, Appellate Division·2014·NY

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Opinion

Lenore Christie, Respondent, v Diane B. Harrison, Appellant. [977 NYS2d 898] [MAJORITY] The defendant failed to meet her prima facie burden of showing that the plaintiff 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]). The papers submitted by the defendant failed to adequately address the plaintiffs claim, set forth in the bill of particulars, that she sustained a serious injury under the 90/180-day category of Insurance Law § 5102 (d) (see DeVille v Barry, 41 AD3d 763, 763-764 [2007]). Since the defendant did not sustain her prima facie burden, it is unnecessary to determine whether the papers submitted by the plaintiff in opposition were sufficient to raise a triable issue of fact (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Accordingly, the Supreme Court properly denied defendant’s motion for summary judgment. Rivera, J.P., Hall, Roman and Cohen, JJ., concur.