| Olic v Pappas |
| 2008 NY Slip Op 00468 [47 AD3d 780] |
| January 22, 2008 |
| Appellate Division, Second Department |
| Chris Olic, Appellant, v Gus G. Pappas et al.,Respondents. |
—[*1] Saretsky Katz Dranoff & Glass, LLP, New York, N.Y. (Elan Raday and Howard R. Cohen ofcounsel), for respondents Gus G. Pappas and Nicholas T. Pappas, and Rubin, Fiorella &Friedman, LLP, New York, N.Y. (Grant M. Meisels of counsel), for respondents Louis Klarevas,Dollar Thrifty Automotive Group, Inc., and Dollar Rent A Car, Inc. (one brief filed).
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Queens County (Rosengarten, J.), dated April 21, 2006, which granted themotion of the defendants Gus G. Pappas and Nicholas T. Pappas and the separate motion of thedefendants Louis Klarevas, Dollar Thrifty Automotive Group, Inc., and Dollar Rent a Car, Inc.,for summary judgment dismissing the complaint insofar as asserted against them on the groundthat the plaintiff did not sustain a serious injury within the meaning of Insurance Law §5102 (d).
Ordered that the order is reversed, on the law, with costs, and the motions for summaryjudgment dismissing the complaint are denied.
The evidence which the defendants submitted in support of their motions failed to eliminateall issues of fact as to whether the plaintiff sustained a fracture of the cervical region of the spineas a result of the subject motor vehicle accident (see Alvarez v Prospect Hosp., 68 NY2d320, 324 [1986]). Accordingly, it is not necessary to consider the sufficiency of the plaintiff'sopposition papers (see Alvarez v Prospect Hosp. 68 NY2d at 324; Wein v Amato Props., LLC, 30 AD3d506, 508 [2006]). Mastro, J.P., Dillon, Covello and Angiolillo, JJ., concur.