Opinion
February 10, 1992
Appeal from the Supreme Court, Nassau County (Murphy, J.).
Ordered that the order is affirmed, with costs.
Under the circumstances of this case, a triable issue of fact is presented as to whether the plaintiff suffered "serious injury" (see, Small v. Zelin, 152 A.D.2d 690; Quaglio v Tomaselli, 99 A.D.2d 487; Harris v. St. Johnsbury Trucking Co., 57 A.D.2d 127), and the Supreme Court therefore properly denied the defendant's motion for summary judgment. Thompson, J.P., Harwood, Rosenblatt and Eiber, JJ., concur.