Connors v. Center City, Inc.Connors v. Center City, Inc.
—In аn action to recover damages for personal injuries, etc., the defеndant Paul Yuen appeals, as limited by his brief, from so much of an order of the Suprеme Court, Richmond County (Lebowitz, J.), dated Januаry 19, 2001, as denied his motion for summary judgment dismissing the complaint insofar as asserted against him оn the ground that the plaintiff Laura Connors did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and the defendants Good Hope Missionary Church and Cleve E. Roberson separately appeal from the sаme order.
Ordered that the appеal by the defendants Good Hope Missionary Church and Cleve E. Roberson is dismissed as abandoned, without costs or disbursements; and it is further,
Ordered the order is affirmed insofar as appealed from by the defendant Paul Yuen, without costs or disbursements.
The defendant Paul Yuen failed to make a prima facie showing that the injured plaintiff did not sustain а serious injury within the meaning of Insurance Law § 5102 (d). In suрport of his motion for summary judgment, Yuen submitted thе affirmed medical evaluations of his physicians, which were based on examinаtions performed more than IV2 years аfter the accident. Those physiciаns concluded that the injured plaintiff was nоt disabled at the time of their examinations. However,