Jin Mei Liu v Lamberta

Jin Mei Liu v Lamberta 2009 NY Slip Op 00348 [58 AD3d 687] January 20, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 11, 2009

Jin Mei Liu et al., Appellants,
v
Yolanda Lamberta, Respondent.

—[*1] Michael A. Cervini, P.C. (Lisa M. Comeau, Garden City, N.Y., of counsel), for appellants.

Richard T. Lau & Associates, Jericho, N.Y. (Marcella Gerbasi Crewe of counsel), for respondent.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (R. Doyle, J.), entered October 25, 2007, which, upon an order of the same court dated August 23, 2007, granting the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff Jin Mei Liu did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The defendant met her prima facie burden of showing that the plaintiff Jin Mei Liu did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). In opposition, the plaintiffs failed to raise a triable issue of fact. Skelos, J.P., Dillon, Carni and Leventhal, JJ., concur.