Dwyer v. Leitner

In an action to recover dam*518ages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Barasch, J.), dated August 23, 2001, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that the plaintiff Brendan P. Dwyer did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The defendant’s medical proof established the defendant’s prima facie entitlement to judgment as a matter of law, on the ground that the plaintiff Brendan P. Dwyer did…