Skinner v. Elmando St. Juste

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Garry, J.), dated September 25, 1996, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that no triable issues of fact exist as to whether the plaintiff *555sustained a serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The medical evidence submitted by the defendants in support of their motion for summary…