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MEELY v. 4 G'S TRUCK RENTING

16 A.D.3d 26 (2005)

789 N.Y.S.2d 277

MARK MEELY et al., Appellants, v. 4 G's TRUCK RENTING CO., INC., et al., Respondents, et al., Defendants.

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

January 31, 2005.

Attorney(s) appearing for the Case

Weiss & Rosenbloom, P.C., New York City (Barry D. Weiss of counsel), for appellants.

Morris, Duffy, Alonso & Faley, LLP, New York City (Anna J. Ervolina and Andrea M. Alonso of counsel), for respondents.

S. MILLER, J.P., RITTER and RIVERA, JJ., concur.

OPINION OF THE COURT

CRANE, J.

The defendants 4 G's Truck Renting Co., Inc., and Samuel Clarke (hereinafter the respondents) moved for summary judgment dismissing the complaint insofar as asserted against them on the ground that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d). The issue presented is whether the respondents satisfied their prima facie burden on the motion. The respondents submitted...

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