Franklin v Gareyua, 29 NY3d 925 (2017)

2017 NY Slip Op 02091 [29 NY3d 925]
March 23, 2017
Court of Appeals

[*1]

Kyreese L. Franklin, Appellant,
v
Carmen Rosa Gareyua et al., Respondents.

Decided March 23, 2017

Franklin v Gareyua, 136 AD3d 464, affirmed.

{**29 NY3d at 926} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division correctly concluded that plaintiff failed to raise a triable issue of fact as to whether he suffered a serious left shoulder injury within the meaning of Insurance Law § 5102 (d) as a result of the underlying motor vehicle accident.

Concur: Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson.