Opinion
Submitted January 19, 2000
February 28, 2000
In an action to recover damages for personal injuries, the defendant Salvatore Lupo appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Milano, J.), dated April 15, 1999, as denied his motion for summary judgment dismissing the complaint insofar as asserted against him by the plaintiff Santo J. Curatolo, on the ground that Santo J. Curatolo did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Frank V. Merlino, Garden City, N.Y. (David Holmes of counsel), for appellant.
Millilo Grossman, Flushing, N.Y. (Francesco Pomara, Jr., of counsel), for respondent.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The appellant failed to meet his burden of establishing his entitlement to judgment as a matter of law (see, Mariaca-Olmos v. Mizrhy, 226 A.D.2d 437 ). Accordingly, the Supreme Court properly denied his motion for summary judgment dismissing the complaint insofar as asserted against him by the plaintiff Santo J. Curatolo.