DiDomenico v. Town of Hempstead , 639 N.Y.2d 719 ( 1996 )

We agree with the Supreme Court that the appellant failed to establish a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d). Thus, summary judgment was properly awarded to the defendants (see, Insurance Law § 5104 [a]; Licari v Elliott, 57 NY2d 230). Thompson, J. P., Friedmann, Florio and McGinity, JJ., concur.