57 A.D.3d 708
N.Y. App. Div.
2008

SCOTT M. CRACOLICI et al., Respondents, v JOSEPH J. LASSITER et al., Appellants, et al., Defendants.

Supreme Court, Appellate Division, Second Department, New York

868 N.Y.S.2d 905

Fisher, J.P., Lifson, Covello, Balkin and Belen, JJ.

The movants failed to make a prima facie showing that the plaintiff Scott M. Cracolici (hereinafter the injured plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). Since the movants failed to meet their initial burden, their motion for summary judgment should have been denied without regard to the sufficiency of the opposing papers (see Hughes v Cai, 31 AD3d 385, 385-386 [2006]; see also Coscia v 938 Trading Corp., 283 AD2d 538 [2001]). Fisher, J.P., Lifson, Covello, Balkin and Belen, JJ., concur.