MONETTE, ROBERT K. v. TRUMMER, CHRISTINA L.

Appeal from a resettled order of the Supreme Court, Cattaraugus County (Michael L. Nenno, A.J.), entered March 30, 2011 in a personal injury action. The resettled order granted that part of the motion of plaintiffs for partial summary judgment on the issue of serious injury.

It is hereby ordered that the resettled order so appealed from is unanimously reversed on the law without costs and the motion is denied insofar as plaintiffs sought summary judgment on the issue whether plaintiff Robert K. Monette sustained a serious injury under the significant limitation of use category within the…