Opinion
Submitted January 19, 2000
February 28, 2000
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated February 5, 1999, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff 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.
Seidmann Mermelstein, Brooklyn, N.Y. (David J. Seidmann of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
There is an issue of fact as to whether the plaintiff sustained a serious injury within the meaning of Insurance Law § 5102(d) (see,Belmonte v. Collins, 261 A.D.2d 496 ; Mariaca-Olmos v. Mizrhy, 226 A.D.2d 437 ).