IAM v. SANTANIELLO

2017-00234, Index No. 4093/13.

162 A.D.3d 751 (2018)

74 N.Y.S.3d 880

2018 NY Slip Op 04312

Sharon Israel Iam, Appellant, v. Ralph Santaniello et al., Respondents.

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

Decided June 13, 2018.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

This action arises from a motor vehicle accident that occurred on the Long Island Expressway on September 7, 2011. The plaintiff commenced this action to recover damages for personal injuries allegedly sustained by her in the accident. The defendants moved for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the accident. The Supreme Court granted the defendants' motion, and the plaintiff appeals.

The defendants met their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]; Gaddy v Eyler, 79 N.Y.2d 955, 956-957 [1992]). In opposition, however, the plaintiff raised a triable issue of fact as to whether the injuries at issue were attributable to pre-existing conditions or were causally related to or exacerbated by the subject accident (see Qurashi v Hittin, 51 A.D.3d 652, 652 [2008]; cf. McKenzie v Redl, 47 A.D.3d 775 [2008]).

Accordingly, the Supreme Court should have denied the defendants' motion for summary judgment dismissing the complaint.


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