| Jackson v Draz |
| 2012 NY Slip Op 03144 [94 AD3d 1057] |
| April 24, 2012 |
| Appellate Division, Second Department |
| Wakela Jackson, Respondent, v Rana Draz et al.,Appellants. |
—[*1] Evan W. Kohn (Paris & Chaikin, PLLC, New York, N.Y. [Jason L. Paris], of counsel), forrespondent.
In an action to recover damages for personal injuries, the defendants appeal, as limited bytheir brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), datedJuly 19, 2011, as denied their motion for summary judgment dismissing the complaint on theground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law§ 5102 (d).
Ordered that the order is affirmed insofar as appealed from, with costs.
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]). The defendants failed to adequately address theplaintiff's claim that she sustained a medically-determined injury or impairment of anonpermanent nature which prevented her from performing substantially all of the material actswhich constituted her ususal and customary daily activities for not less than 90 days during the180 days immediately following the subject accident (see Aujour v Singh, 90 AD3d 686, 686-687 [2011]; Bangar v Man Sing Wong, 89 AD3d1048, 1049 [2011]).
Accordingly, the Supreme Court properly denied the defendants' motion for summaryjudgment dismissing the complaint, without regard to the sufficiency of the papers submitted bythe plaintiff in opposition (see Aujour v Singh, 90 AD3d at 687; Bangar v Man SingWong, 89 AD3d at 1049). Rivera, J.P., Eng, Chambers, Sgroi and Miller, JJ., concur.