Sabella v. McKain

In an action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Kings County (Rappaport, J.), dated April 18, 1996, as denied her motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

In this personal injury action arising out of a two-vehicle accident, the defendant moved for summary judgment dismissing the complaint on the ground that the injured plaintiff did not sustain serious injury as defined by Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 NY2d…