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ELIAS v. MAHLAH

58 A.D.3d 434 (2009)

870 N.Y.S.2d 318

LUCIA C. ELIAS et al., Respondents, v. MOSES B. MAHLAH, Appellant.

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

January 8, 2009.

The motion court correctly determined that the evidence submitted by defendant failed to meet his initial burden of establishing prima facie that Abel Elias did not sustain a serious injury (Korpalski v Lau, 17 A.D.3d 536 [2005]). Defendant's own examining orthopedist reported finding evidence of Abel Elias's fracture, which he causally related to the accident. A fracture, by definition, constitutes a "serious physical injury"

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