Pasutto v. Hacker

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Thomas, J.), dated September 22, 1997, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant’s motion for summary judgment. Although the defendant established a prima facie case that the plaintiff did not sustain a serious injury (see, Gaddy v Eyler, 79…