Torres v. Safety Cab Corp.
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated November 1, 2004, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The defendants failed to make a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of
Accordingly, the Supreme Court erred in granting the defendants’ motion for summary judgment. Cozier, J.P., Santucci, Luciano, Fisher and Covello, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.