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HOWARD v. ESPINOSA

70 A.D.3d 1091 (2010)

JOHN V. HOWARD et al., Appellants, v. RYAN C. ESPINOSA et al., Respondents.

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

Decided February 4, 2010.

After the automobile he was driving was struck from behind by another vehicle on May 23, 2005, plaintiff John V. Howard (hereinafter plaintiff) and his wife, derivatively, commenced this action alleging serious injuries as defined in Insurance Law § 5102 (d). Defendants successfully moved for summary judgment, and said order was adhered to upon reargument. On plaintiffs' appeals, we now affirm.

On a motion for summary judgment dismissing a complaint

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