David v. Caceres

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Daily, J.), dated June 17, 2011, which granted the defendant’s motion for summary judgment dismissing the complaint insofar as asserted by the plaintiff Jose R. David, on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the appeal by the plaintiffs Marcos Zelaya and Edy R. David is dismissed, as those plaintiffs are not aggrieved by the order appealed from {see CFLR 5511); and it is further,

Ordered…