Blackwell v. Fraser

Order, Supreme Court, Bronx County (Janice Bowman, J.), entered June 18, 2003, which denied defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiffs failed to meet the serious injury threshold of Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant Fraser dismissing the complaint as against him.

Plaintiffs commenced this action in July 2001 for personal injuries allegedly sustained in a motor vehicle accident on December 24, 1999. Defendant, in…