Opinion
Submitted October 11, 2000.
November 6, 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 June 30, 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).
Cheven, Keely Hatzis, New York, N.Y. (Thomas Torto of counsel), for appellant.
Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The plaintiff raised a triable issue of fact (see, CPLR 3212[b]) as to whether he sustained a serious injury within the meaning of Insurance Law § 5102(d).