Krute v. Mosca

—Mercure, J.

Appeal from a judgment of the Supreme Court (Viscardi, J.), entered September 28, 1994 in Saratoga County, upon a verdict rendered in favor of defendants.

In this action to recover for neck injuries allegedly sustained by plaintiff Edward S. Krute (hereinafter plaintiff) in an automobile accident, plaintiffs’ appeal focuses on the jury’s determination that plaintiff did not sustain a "serious injury” as defined in Insurance Law § 5102 (d). We are not persuaded by the contentions advanced by plaintiffs and accordingly affirm.

*623At trial, defendants presented the testimony of Daniel…