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AKINYEMI v. KETTE

306 A.D.2d 297 (2003)

760 N.Y.S.2d 653

JAMES A. AKINYEMI et al., Appellants, v. OLCA KETTE et al., Respondents.

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

Decided June 9, 2003.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motions are denied, and the complaint is reinstated.

The medical evidence submitted by the defendants failed to establish a prima facie case that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see Chaplin v Taylor, 273 A.D.2d 188 [2000]; Flanagan v Hoeg,

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