O'Neil v. GEICO

In an action to recover damages for personal injuries, the plaintiffs Brynn Fleming and Taji Fleming appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated May 31, 2005, which granted the defendants’ motion for summary judgment dismissing the complaint insofar as asserted by them on the ground that neither of them sustained a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the appeal by the plaintiff Brynn Fleming is dismissed as abandoned (see 22 NYCRR 670.8 [e] [1]); and it is further,

Ordered that the order is affirmed insofar as appealed…