Opinion
2002-06265
Submitted February 5, 2003.
February 24, 2003.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Seidell, J.), dated June 17, 2002, which denied her 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).
Kushel Horvat, Riverhead, N.Y. (David M. Reilly of counsel), for appellant.
Rappaport, Glass, Greene Levine, LLP, Melville, N.Y. (James L. Forde and Brian R. Gunn of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the defendant's motion for summary judgment since there are questions of fact as to whether the plaintiff sustained a serious injury within the meaning of Insurance Law § 5102(d) (see CPLR 3212[b]; Brown v. Nwakamma, 246 A.D.2d 568).
FEUERSTEIN, J.P., GOLDSTEIN, H. MILLER and RIVERA, JJ., concur.