Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05564
Sagala v Zirs Servs., Inc.
Read the official decision: 2026 NY Slip Op 05564
Holding The Appellate Division reversed the lower court’s grant of summary judgment because the defendants failed to meet their prima facie burden of showing the plaintiff did not sustain a serious injury. Specifically, the defendants failed to submit competent medical evidence establishing that the plaintiff’s head and brain injuries were not serious or not caused by the accident.
The court’s words
The defendants failed to meet their prima facie burden of showing that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the accident
2026 NY Slip Op 05564, at the official text
The defendants failed to submit competent medical evidence establishing, prima facie, that the injured plaintiff did not sustain a serious injury to his head and brain under the permanent consequential limitation of use and significant limitation of use categories
2026 NY Slip Op 05564, at the official text
The defendants also failed to establish, prima facie, that the injuries to the injured plaintiff's head and brain were not caused by the accident
2026 NY Slip Op 05564, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05564 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05564 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 739 |
Recommended citation
ESQ HQ, New York Law Watch, Sagala v Zirs Servs., Inc., 2026 NY Slip Op 05564 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05564/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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