Koroma v Mieses

[*1] Koroma v Mieses 2009 NY Slip Op 51808(U) [24 Misc 3d 144(A)] Decided on August 20, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 20, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570264/09.

Djemory Koroma, Plaintiff-Respondent,

against

Maximo Mieses and S.R.M. Mgt. Corp., Defendants-Appellants.

Defendants appeal from an order of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), entered January 2, 2009, which denied their motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Ben R. Barbato, J.), entered January 2, 2009, affirmed, with $10 costs.

While defendants established a prima facie case that plaintiff did not sustain a serious injury (see Insurance Law § 5102[d]; Tuberman v Hall, 61 AD3d 441 [2009]), the affirmed reports of plaintiff's medical experts were sufficient to raise a triable issue (see Toure v Avis Rent A Car Sys., Inc., 98 NY2d 345, 353 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 20, 2009