DOCKERY v. BUDGET RENT-A-CAR

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The defendants failed to make a prima facie showing that the plaintiff Mark Anthony Guniss did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) ( see Toure v. Avis Rent A Car Sys., 98 NY2d 345; Gaddy v. Eyler, 79 NY2d 955; Aronov v. Leybovich, 3 AD3d 511, 512). Consequently, the burden never shifted to the plaintiff Mark Anthony Guniss to raise a triable issue of fact, and we need not consider the sufficiency of his opposition to the motion ( see Facci v. Kaminsky, 18 AD3d 806, 807; Rich-Wing v. Baboolal, 18 AD3d 726, 727; Hanna v. Alverado, 16 AD3d 624; Mariaca-Olmos v. Mizrhy, 226 AD2d 437).