| Altamura v OneBeacon Ins. Group |
| 2009 NY Slip Op 09171 [68 AD3d 792] |
| December 8, 2009 |
| Appellate Division, Second Department |
| Michelle Altamura, Respondent, v OneBeacon InsuranceGroup, Appellant. |
—[*1] Everett J. Petersson, P.C., Brooklyn, N.Y., for respondent.
In an action, inter alia, to recover damages for breach of the supplemental underinsuredmotorist provision of an insurance policy, the defendant appeals, as limited by its brief, from somuch of an order of the Supreme Court, Kings County (Knipel, J.), dated December 17, 2008, asgranted that branch of the plaintiff's motion which was for summary judgment on the issue ofserious injury.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and thatbranch of the plaintiff's motion which was for summary judgment on the issue of serious injuryis denied.
The plaintiff failed to make a prima facie showing of entitlement to judgment as a matter oflaw (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Since the plaintiff failed tomeet her prima facie burden, we need not consider the sufficiency of the defendant's oppositionpapers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]).Accordingly, the Supreme Court should have denied that branch of the plaintiff's motion whichwas for summary judgment on the issue of serious injury. Dillon, J.P., Dickerson, Belen andRoman, JJ., concur.