In Zecca v. Riccardelli, 2001 WL 1851771 (2nd Dept. 4/29/2002), NYLJ p.17 5/8/2002, plaintiff argued that the order granting summary judgment on liability necessarily decided the issue of serious injury in plaintiffs favor. The trial court found in plaintiffs favor, relying on Maldonado v. DePalo after finding a dearth of law in the Second Department on this issue. In reversing the trial court's decision, the Second Department ruled definitively that an order of summary judgment on the issue of liability does not automatically include a determination that plaintiff sustained a serious injury, regardless of whether the parties address the issue of serious injury in their motion papers. In Zecca v. Riccardelli (293 A.D.2d 31 [2002]), the Second Department took issue with the First and Fourth Departments, ruling that a grant of summary judgment to plaintiff on the issue of liability does not include a determination that serious injury exists. Thus a defendant's failure to oppose a motion for summary judgment on the issue of liability does not relieve plaintiff of his or her burden of establishing that he or she suffered a serious injury.