Opinion
Submitted June 23, 1999
October 21, 1999
Cullen and Dykman, Brooklyn, N.Y. (John J. Burbridge of counsel), for appellants-respondents Brooklyn Union Gas Company and Kevin J. Ruff.
Wallace D. Gossett, Brooklyn, N.Y. (Steven S. Efron of counsel), for respondents-appellants New York City Transit Authority and Albert Rodriguez.
LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN and LEO F. McGINITY, JJ.
DECISION ORDER
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.), entered June 23, 1 998, as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, and (2) the defendants New York City Transit Authority and Albert Rodriguez cross-appeal from so much of the same order as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
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, ___ A.D.2d ___; [2d Dept., June 14, 1999]).
BRACKEN, J.P., THOMPSON, GOLDSTEIN, and McGINITY, JJ., concur.