Opinion
No. 2006-07943.
October 9, 2007.
In an action, inter alia, to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Baiter, J), entered July 12, 2006, 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).
Irwen C. Abrams (Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York, N.Y. [Joseph A.H. McGovern and John D. Morio] of counsel), for Appellant.
Joseph N. Di Grazia, Brooklyn, N.Y. (Louis R. Lombardi of counsel), for Respondent.
Before: Crane, J.E, Ritter, Fisher, Covello and Dickerson, JJ, concur.
Ordered that the appeal is dismissed, without costs or disbursements, as the order was superseded by an order of the same court entered December 12, 2006, made upon reargument ( see McDonald v Stroh, 44 AD3d 720 [decided herewith]).