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TORIOLA v. HA DONG HYUN

186 Misc.2d 590 (2000)

719 N.Y.S.2d 793

TITUS TORIOLA et al., Respondents, v. HA DONG HYUN, Appellant.

Supreme Court, Appellate Term, Second Department.

September 1, 2000.

Attorney(s) appearing for the Case

Cheven, Keely & Hatzis, New York City, and Thomas Torto and Jeffrey L. Caress, New York City, for appellant.

Louis Fiabane, New York City, for respondents.

KASSOFF, P. J., and SCHOLNICK, J., concur; ARONIN, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs, defendant's motion for summary judgment granted, and complaint dismissed.

Defendant made a prima facie case showing that plaintiff Titus Toriola did not sustain a "serious injury" within the meaning of Insurance Law § 5102. The court below properly determined that plaintiff's medical submissions were insufficient to raise any issues...

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