Opinion
May 26, 1998
Appeal from the Supreme Court, Suffolk County (Floyd, J.).
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 injured plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d) ( see, Mariaca-Olmos v. Mizrhy, 226 A.D.2d 437; see also, Puma v. Player, 233 A.D.2d 308; Flanagan v. Hoeg, 212 A.D.2d 756; Jackson v. United Parcel Serv., 204 A.D.2d 605).
Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.