Opinion
January 19, 1999.
Appeal from the Supreme Court, Queens County (Berke, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was to dismiss the complaint insofar as asserted by the plaintiff Natalie Henao and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
The defendant's submissions demonstrated that the injuries sustained by the plaintiff Natalie Henao were not serious within the meaning of Insurance Law § 5102 (d) ( see, Curro v. Fernandez, 232 A.D.2d 520; Doria v. Buchstein, 227 A.D.2d 438). However, triable issues of fact exist with respect to the injuries sustained by the plaintiff Armando Henao ( see, Pena v. Orlando, 239 A.D.2d 326).
Miller, J.P., Thompson, McGinity and Luciano, JJ., concur.