Justice Arlene Bluth
Passenger Minskaya moved to compel discovery of driver Antico’s medical records. She also sought partial summary judgment on liability. Defendants moved for summary judgment dismissing the action arguing Minskaya failed to sustain a serious injury within the meaning of Insurance Law §5012(d). Minskaya was a passenger in a car driven by non-party Volkova, that collided with defendants’ car. Antico denied any memory of the accident. The court found no issues of fact as everyone agreed that Minskaya was a passenger and not driving, thus, as she could not be found at fault under any version of how the accident happened, her motion for partial summary judgment on liability was granted. Yet, it ruled that as defendants failed to meet their prima facie burden on their motion by failing to address all the injuries alleged in the various bills of particulars, their motion for summary judgment dismissing the action was denied. The court also denied Minskaya’s motion for discovery of Antico’s medical records noting he did not claim he had a condition which precluded a finding of liability against him, only that he did not remember anything having to do with the subject accident.
