PER CURIAM

Read Full-Text Decision

Diaz appealed from a Civil Court order granting Kings Auto Leasing and Khaydarou’s motion for summary judgment dismissing the complaint on the issue of “serious injury” under insurance Law §5102(d), and denied her cross-motion for summary judgment on liability against defendants, and also denied her motion to renew. The panel noted while civil court properly dismissed Diaz’s 90/180-day claim, and also properly denied renewal for failing to present a reasonable justification in failing to produce information on her initial submission, it found Diaz established entitlement to judgment against defendants on the issue of liability by submitting evidence showing she brought her car safely to a stope behind the lead vehicle before she was struck in the rear seconds later by defendants’ vehicle and propelled into Alvarez’s car. The panel stated defendants failed to raise an issue of fact, noting a claim by the rear driver that the lead vehicle made a sudden stop, standing alone, was insufficient to rebut the presumption of negligence. It modified the order to deny defendants’ motion for summary judgment dismissing Diaz’s claims of significant or permanent consequential limitations, granting her cross-motion for partial summary judgment on liability.