Rodriguez v. Zabala
Opinion of the Court
The defendant met his prima facie burden of showing that the plaintiff Marisol Rodriguez did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of
In opposition, the plaintiffs failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted that branch of the defendant’s motion which was for summary judgment dismissing the causes of action to recover damages for personal injuries.
The appeal from the second order dated October 5, 2011, must be dismissed as abandoned (see Sirma v Beach, 59 AD3d 611, 614 [2009]), as the plaintiffs do not seek reversal of that order in their brief.
The plaintiffs’ remaining contentions are without merit. Rivera, J.P., Dickerson, Leventhal and Lott, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.