Castellon v. Ortez

In opposition to the defendant’s prima facie showing of entitlement to judgment as a matter or law, the plaintiff met his burden of demonstrating the existence of a triable issue of fact with respect to whether he sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see Stark v Amadio, 239 AD2d 569; Rut v Grigonis, 214 AD2d 721; Toure v Avis Rent A Car Sys., 98 NY2d 345). Santucci, J.P., Smith, Goldstein, H. Miller and Mastro, JJ., concur.