Opinion
Submitted May 12, 1999
June 21, 1999
In an action to recover damages for personal injuries, the defendant Action Staple and Supply, Inc., appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated January 27, 1998, as denied that branch of its motion which was for summary judgment dismissing the complaint insofar as asserted against it on the ground that the plaintiff failed to sustain a serious injury within the meaning of Insurance Law § 5102(d).
Ronan, McDonnell Kehoe, Melville, N.Y. (James S. Kehoe of counsel), for appellant.
Harold A. Shapiro, P.C., Selden, N.Y., for respondent.
CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, DANIEL W. JOY, MYRIAM J. ALTMAN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the appellant's motion for summary judgment, holding that it failed to make a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) ( see, Mendola v. Demetres, 212 A.D.2d 515).