Opinion
No. 2010-07065.
December 28, 2010.
Ordered that the order is affirmed, with costs.
Baker, McEvoy, Morrissey Moskovits, P.C., New York, N.Y. (Stacy R. Seldin of counsel), for appellants.
Sim Park, LLP, New York, N.Y. (Sang J. Sim of counsel), for respondent.
Before: Mastro, J.P., Florio, Dickerson, Belen and Lott, JJ.
Under the circumstances of this case, the Supreme Court properly denied the appellants' motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
[Prior Case History: 2009 NY Slip Op 51126(U).]