Knoll v. Seafood Express

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered on or about November 10, 2003, which granted defendants’ motion for summary judgment dismissing the complaint, affirmed, without costs or disbursements.

Plaintiff demonstrated, in opposition to the motion, that his injuries were causally related to the motor vehicle accident at issue. However, he failed to meet his burden of demonstrating “serious injury” within the meaning of Insurance Law § 5104 (a) and § 5102 (d) (see Gaddy v Eyler, 79 NY2d 955 [1992]).

While the dissent concludes that there is an issue of fact as to…