Mendez v. Mitchell

Summary

The Appellate Division, Second Department, affirmed an order denying the defendants' motion for summary judgment in a personal-injury action. The defendants failed to establish prima facie that the plaintiff did not sustain a serious injury under Insurance Law § 5102(d), including the 90/180-day category.

Holdings

1. Defendants failed to meet their prima facie burden of showing that Mendez did not sustain a serious injury within the meaning of Insurance Law § 5102(d), because their submissions did not adequately address her claim under the 90/180-day category.
2. Because defendants failed to meet their prima facie burden, it was unnecessary to determine whether Mendez's opposition papers were sufficient to raise a triable issue of fact.

Questions Presented

1. Whether defendants established their prima facie entitlement to summary judgment by showing that Mendez did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
2. Whether the court needed to determine whether Mendez's opposition papers raised a triable issue of fact after defendants failed to meet their prima facie burden.

Disposition

affirmed