Opinion
01-06707
Submitted April 10, 2002
May 20, 2002.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Golar, J.), dated May 4, 2001, 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).
Diamond, Cardo, King, Peters Fodera, New York, N.Y. (Deborah F. Peters of counsel), for appellant.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, without costs or disbursements.
The defendant's motion papers failed to establish, prima facie, his entitlement to judgment as a matter of law dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see Junco v. Ranzi, 288 A.D.2d 440; Mendola v. Demetres, 212 A.D.2d 515; Flangan v. Hoeg, 212 A.D.2d 756).
RITTER, J.P., FLORIO, GOLDSTEIN, LUCIANO and COZIER, JJ., concur.