Abbott-Barish v. Ahmad
Opinion of the Court
In an action to recover damages for personal injuries, the defendants Aziz Ahmad and Mohammed Zioual appeal from an order of the Supreme Court, Kings County (Bayne, J.), dated June 15, 2012, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.
Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Aziz Ahmad and Mohammed Zioual for summary judgment dismissing the complaint insofar as asserted against them is granted.
The appellants met their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning
Therefore, the Supreme Court should have granted the appellants’ motion for summary judgment dismissing the complaint insofar as asserted against them. Rivera, J.P., Dickerson, Leventhal and Lott, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.