Grieco v. Gozdziak

Appeal from an order of Supreme Court, Erie County (Notaro, J.), entered January 23, 2003, which denied defendant’s motion seeking summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Contrary to the contention of defendant, Supreme Court properly denied his motion seeking summary judgment dismissing the complaint, which was based on the allegation that plaintiff did not sustain a serious injuiy within the meaning of Insurance Law § 5102 (d). Defendant submitted only uncertified…