Thaler v. Aspen Ready Mix Corp.

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Berke, J.), dated December 12, 2000, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff Joel Thaler did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants’ motion for summary judgment was timely (see, Di Rosario v Williams, 276 AD2d 583).

Moreover, the…