Ortiz v. Lewkowics

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 plaintiffs did not sustain a serious injury under Insurance Law § 5102(d).

Holdings

1. The defendants failed to establish prima facie that the plaintiffs did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
2. When defendants fail to make the required prima facie showing, the motion must be denied regardless of the sufficiency of the plaintiffs' opposing papers.

Questions Presented

1. Whether the defendants established prima facie that the plaintiffs did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
2. Whether the motion for summary judgment was properly denied regardless of the sufficiency of the plaintiffs' opposing papers.

Disposition

affirmed