Opinion
Submitted May 5, 1999
June 28, 1999
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Jackson, J.), dated March 30, 1998, which denied their motion for summary judgment dismissing the complaint of the plaintiff Margarita Gulyako on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Lian, Malapero Prisco, New York, N.Y. (Anthony J. Centone of counsel), for appellants.
Charles Krupin, New York, N.Y. (James L. Forde of counsel), for respondent and for plaintiff.
GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
We agree with the Supreme Court that there is a question of fact as to whether the plaintiff Margarita Gulyako sustained a serious injury within the meaning of Insurance Law § 5102(d) ( see, Grullon v. Chang Ok Chu, 240 A.D.2d 367; Parker v. Defontaine-Stratton, 231 A.D.2d 412; see also, Risbrook v. Coronamos Cab Corp., 244 A.D.2d 397).