Citation Numbers： 255 A.D.2d 409, 680 N.Y.S.2d 852, 1998 N.Y. App. Div. LEXIS 12382
Filed Date： 11/16/1998
Status： Precedential
Modified Date： 11/1/2024
—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), entered February 25, 1998, which denied their motion for summary judgment dismissing the complaint 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 affirmed, with costs.
We agree with the Supreme Court that there is an issue of fact as to whether the plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d). Ritter, J. P., Copertino, Santucci and Altman, JJ., concur.