Citation Numbers: 7 A.D.3d 597, 776 N.Y.S.2d 493
Filed Date: 5/10/2004
Status: Precedential
Modified Date: 11/1/2024
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), dated January 15, 2003, which granted the motion of the defendant Stephanie S. Tillotson for summary judgment dismissing the complaint insofar as asserted against her on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the defendant Stephanie S. Tillotson.
The defendant Stephanie S. Tillotson made a prima facie showing that the plaintiff did not sustain a serious injury within
Accordingly, the motion for summary judgment should have been denied. Altman, J.P., Krausman, Goldstein and Mastro, JJ., concur.