Appellate Division of the Supreme Court of the State of New York September 23, 2002 (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).