| Burrowes v New York City Tr. Auth. |
| 2010 NY Slip Op 01907 [71 AD3d 714] |
| March 9, 2010 |
| Appellate Division, Second Department |
| Esther Burrowes, Appellant, v New York City TransitAuthority et al., Respondents. |
—[*1] Steve S. Efron, New York, N.Y., for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from so much ofan order of the Supreme Court, Kings County (Miller, J.), dated January 27, 2009, as granted thedefendants' motion for summary judgment dismissing the complaint on ground that the plaintiffdid 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 defendants' motion forsummary judgment dismissing the complaint is denied.
The defendants failed to meet their prima facie burden of showing that the plaintiff did notsustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of thesubject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy vEyler, 79 NY2d 955, 956-957 [1992]).
Since the defendants failed to meet their prima facie burden, it is unnecessary to considerwhether the papers submitted by the plaintiff in opposition to the defendants' motion forsummary judgment were sufficient to raise a triable issue of fact (see Page v Belmonte, 45 AD3d825, 826 [2007]; Coscia v 938 Trading Corp., 283 AD2d 538 [2001]). Fisher, J.P.,Santucci, Angiolillo, Hall and Lott, JJ., concur.