Opinion
Submitted May 9, 2001.
May 29, 2001.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Steinhardt, J.), dated November 16, 2000, which denied their 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).
Murray Lemonik, Jericho, N.Y. (Kathleen M. Geiger of counsel), for appellants.
Justin Jay Freedhand, Brooklyn, N.Y., for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, LEO F. McGINITY, NANCY E. SMITH and BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs.
There are issues of fact requiring the denial of summary judgment.
RITTER, J.P., ALTMAN, McGINITY, SMITH and COZIER, JJ., concur.