Opinion
November 3, 1997
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the appeal of Anthony Arcuri is dismissed as withdrawn; and it is further,
Ordered that the order is affirmed insofar as reviewed; and it is further,
Ordered that the plaintiff is awarded costs payable by the defendant Jill Buckley.
We agree with the Supreme Court that an issue of fact exists as to whether the plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see, Ingram v. Town of Clarkson, 219 A.D.2d 839; Hulsen v. Morrison, 206 A.D.2d 459; De Angelo v. Fidel Corp. Servs., 171 A.D.2d 588; Akin v. Estate of Patti, 149 A.D.2d 964; Mulhauser v. Wood, 107 A.D.2d 1019).
Mangano, P. J., Copertino, Joy, Florio and Luciano, JJ., concur.