Opinion
Submitted June 23, 1999
October 12, 1999
In an action to recover damages for personal injuries, etc., (1) the defendants Brooklyn Union Gas Company and Kevin J. Ruff appeal from so much of an order of the Supreme Court, Kings County (Schneier, J.).
ORDERED that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
We agree with the Supreme Court that there are issues of fact with respect to whether the injured plaintiff suffered a serious injury withing the meaning of Insurance Law § 5102 (d) ( see, e.g., Lopez v. Senatore, 65 N.Y.2d 1017; McVey v. Collins, 262 A.D.2d 462 [2d Dept., June 14, 1999]).
BRACKEN, J.P., THOMPSON, GOLDSTEIN, and McGINITY, JJ., concur.