Shafarenko v. Fu Cheng

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Slavin, J.H.O.), entered November 4, 2002, which, after an inquest, dismissed the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs contention, the issue of whether he sustained a serious injury was properly decided at the inquest. The order granting his unopposed motion for summary judgment on the issue of liability…