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WILLIAMS v. CLARK

54 A.D.3d 942 (2008)

864 N.Y.S.2d 493

ANTHONY G. WILLIAMS, Appellant, v. JASON L. CLARK et al., Respondents.

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

September 23, 2008.

Ordered that the order is reversed, on the law, with one bill of costs, and the motions for summary judgment dismissing the complaint are denied.

The defendants established their prima facie entitlement to judgment as a matter of law through evidence demonstrating that the plaintiff, as a result of the subject motor vehicle accident, did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (

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