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MARTINEZ v. ULLAH

2007-11520

2008 NY Slip Op 07218

FLAVIO MARTINEZ, respondent, v. SHAHID ULLAH, appellant, ET AL., defendant.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Baker, McEvoy, Morrissey & Moskovits, P.C., New York, N.Y. (Colin F. Morrissey of counsel), for appellant.

Law Office of Michael Singer, P.C., New York, N.Y. (Elizabeth Mark Meyerson of counsel), for respondent.

Before: Robert A. Spolzino, J.P., Fred T. Santucci, Howard Miller, Thomas A. Dickerson, Randall T. Eng, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion for summary judgment since there are questions of fact as to whether the plaintiff sustained a serious injury within the meaning of Insurance Law § 5102(d) (see CPLR 3212[b]; Marques v Conlon, 302 A.D.2d 566).

SPOLZINO, J.P., SANTUCCI, MILLER, DICKERSON and ENG...

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