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JENKINS v. MILED HACKING CORP.

43 A.D.3d 393 (2007)

841 N.Y.S.2d 317

TRISTEN JENKINS et al., Respondents, v. MILED HACKING CORP. et al., Appellants.

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

Decided August 7, 2007.

Ordered that the order is affirmed, with costs.

The defendants failed in the first instance to establish their prima facie entitlement to summary judgment by showing that the plaintiff Tristen Jenkins (hereinafter 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, 350-351 [2002]; Gaddy...

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