Passonno v. Hall

Weiss and Levine, JJ.,

dissent and vote to reverse in a memorandum by Weiss, J. Weiss, J. (dissenting). We respectfully dissent. The sole issue on this appeal is whether Special Term properly denied defendant’s motion for summary judgment, dated June 24, 1985, for failure to meet the threshold requirement of a “serious injury” as required by Insurance Law § 5102 (d). Whether plaintiff has made a prima facie showing of a "serious injury” is, of course, a matter for the court to decide in the first instance (see, e.g., Licari v Elliott, 57 NY2d 230, 237; Kordana v Pomellito, 121 AD2d 783).

Defenda…