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Castrillon v. Oulabed

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 2, 2008

JUAN CARLOS CASTRILLON, ET AL., APPELLANTS,
v.
KHALID OULABED, ET AL., RESPONDENTS.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Nelson, J.), dated January 28, 2008, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiff Juan Carlos Castrillon did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., MARK C. DILLON, JOSEPH COVELLO and WILLIAM E. McCARTHY, JJ.

(Index No. 20746/06)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The defendants met their prima facie burden of showing that the plaintiff Juan Carlos Castrillon (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; Gaddy v Eyler, 79 NY2d 955, 956-957). In opposition, the plaintiffs failed to raise a triable issue of fact. The plaintiffs' submissions either did not constitute competent medical evidence in admissible form (see Grasso v Angerami, 79 NY2d 813, 814-815; Pagano v Kingsbury, 182 AD2d 268, 270), or otherwise failed to establish that the injured plaintiff sustained a serious injury under any statutory definition of the term (see Eldrainy v Hassain,AD3d, 2008 NY Slip Op 08449 [2d Dept 2008]; Krauer v Hines, 55 AD3d 881; Deutsch v Tenempaguay, 48 AD3d 614, 615). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.

RIVERA, J.P., DILLON, COVELLO and McCARTHY, JJ., concur.

20081202

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