Davis v. Brightside Fire Protection Inc.

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated March 2, 1999, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff Anna Davis did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that, the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants established a prima facie case that the injuries sustained by the plaintiff Anna Davis were not serious,…