CASTELLON v. ORTEZ

ORDERED that the order is affirmed insofar as appealed from, with costs.

In opposition to the defendant's prima facie showing of entitlement to judgment as a matter or law, the plaintiff met his burden of demonstrating the existence of a triable issue of fact with respect to whether he sustained a serious injury within the meaning of Insurance Law § 5102(d) (see Stark v. Amadio, 239 A.D.2d 569; Rut v. Grigonis, 214 A.D.2d 721; Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345).

SANTUCCI, J.P., SMITH, GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.