Post v. Broderick

— In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Orange County (Palella, J.), dated December 13, 1983, which denied their motion for summary judgment.

Order reversed, on the law, with costs, motion granted, and complaint dismissed.

In a personal injury action, the right to recover for noneconomic loss arising out of negligence in the use or operation of a motor vehicle is confined to those cases involving “serious injury” as defined in subdivision 4 of section 671 of the Insurance Law (Insurance Law, § 673). The…