Decaires v. Love

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Thomas, J.), entered May 4, 1998, which denied their motion for summary judgment dismissing the complaint.

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

The Supreme Court improperly denied the defendants’ motion for summary judgment. In support of their motion, the defendants established a prima facie case that the infant plaintiff did not sustain a serious injury within the meaning…