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CHARLES HOLIDAY v. UNITED STEEL PRODS., INC.

2015-05483, Index No. 4961/13.

139 A.D.3d 804 (2016)

31 N.Y.S.3d 195

2016 NY Slip Op 03708

CHARLES HOLIDAY et al., Appellants, v. UNITED STEEL PRODUCTS, INC., et al., Respondents.

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

Decided May 11, 2016.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

The defendants failed to meet their prima facie burden of establishing that neither plaintiff sustained 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 N.Y.2d 345 [2002]; Gaddy v Eyler...

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