Lemieux v Horn, 39 NY3d 1108 (2023)

2023 NY Slip Op 01354 [39 NY3d 1108]
March 16, 2023
Court of Appeals

[*1]

David J. Lemieux, Appellant,
v
Alton E. Horn et al., Respondents.

Decided March 16, 2023

Lemieux v Horn, 209 AD3d 1100, affirmed.

{**39 NY3d at 1108} 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. The Appellate Division correctly concluded that defendant established prima facie entitlement to summary judgment and plaintiff failed to raise a triable issue of fact whether he suffered a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the accident (see Pommells v Perez, 4 NY3d 566, 573-575 [2005]; Franchini v Palmieri, 1 NY3d 536, 537 [2003]).{**39 NY3d at 1109}

Concur: Acting Chief Judge Cannataro and Judges Rivera, Garcia, Wilson, Singas and Troutman.