Simanovskiy v. Barbaro

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Hinds-Radix, J.), dated April 23, 2009, as denied their motion for summary judgment dismissing the complaint on the ground that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d), and the counterclaim defendant Boris Simanovskiy cross-appeals from stated portions of the same order.

Ordered that the order is reversed insofar as appealed from, on the law, and the defendants’ motion…