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PHILLIPS v. STEPHAN HACKING CORP.

38 A.D.3d 868 (2007)

832 N.Y.S.2d 649

PETER A. PHILLIPS et al., Appellants, v. STEPHAN HACKING CORP. et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 27, 2007.

Ordered that the order is reversed, on the law, the defendants' motion for summary judgment dismissing the complaint is denied, and the matter is remitted to the Supreme Court for a determination of the plaintiffs' cross motion on the merits.

The defendants made a prima facie showing that the plaintiff Peter Phillips did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Baez v Rahamatali, 6 N.Y.3d 868

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