Opinion
2002-01228
Submitted December 11, 2002.
December 30, 2002.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Putnam County (Sweeny, J.), dated December 19, 2001, as granted the motion of the defendant Agatha A. Wrobel for summary judgment dismissing the complaint insofar as asserted against her on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
James J. Killerlane (David Samel, New York, N.Y., of counsel), for appellant.
Wilson, Bave, Conboy, Cozza Couzens, P.C., White Plains, N.Y. (Robert J. Gironda of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Under the circumstances of this case, the Supreme Court properly granted summary judgment to the respondent.
FEUERSTEIN, J.P., KRAUSMAN, LUCIANO, TOWNES and COZIER, JJ., concur.