St. Hiliare v BKO Express, LLC, 2015 NY Slip Op 09271 [134 AD3d 923]

December 16, 2015

Appellate Division, Second Department

[*1]

Ashley Rene St. Hiliare, an Infant, by Her Mother and Natural Guardian, Caroline Renelique, Respondent,

v

BKO Express, LLC, et al., Appellants.

Ann Gangi (Kornfeld, Rew, Newman & Simeone, Suffern, NY [Jerome S. Jefferson], of counsel), for appellants.

Pazer, Epstein & Jaffe, P.C., New York, NY (Eugene Gozenput of counsel), for respondent.

In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Kings County (Jacobson, J.), dated September 18, 2013, which, upon a jury verdict on the issue of damages finding that the plaintiff sustained a serious injury under the significant limitation of use category of Insurance Law § 5102 (d), is in favor of the plaintiff and against them in the principal sum of $495,000.

Ordered that the judgment is affirmed, with costs.

The appellants’ sole contention, that the jury verdict finding that the plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident was not based on legally sufficient evidence, is unpreserved for appellate review, as the appellants did not raise that issue in the trial court ( see Samouelian v Amroan , 127 AD3d 723 , 723 [2015]; Volino v Long Is. R.R. Co. , 83 AD3d 693 [2011]). Dillon, J.P., Hall, Cohen and Barros, JJ., concur..