WEDDERBURN v. SIMMONS

2011-07376.

95 A.D.3d 1304 (2012)

944 N.Y.S.2d 894

2012 NY Slip Op 4154

ZETHROY WEDDERBURN, Appellant, v. ASKIA A. SIMMONS, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 30, 2012.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

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 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002];

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