Opinion
Submitted September 20, 2000
October 23, 2000.
In an action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Kings County (Belen, J.), dated January 19, 2000, as 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 A. Composto, Brooklyn, N.Y., for appellant.
John DiGiovanna Associates, Brooklyn, N.Y., for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court that there is an issue of fact as to whether the plaintiff sustained a serious injury within the meaning of Insurance Law § 5102(d) (see, Livai v. Amoroso, 239 A.D.2d 565; Walsh v. Kings Plaza Replacement Serv., 239 A.D.2d 408).