Wilner v. Gauthier

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Rappaport, J.), dated July 24, 1998, as granted the defendants’ separate motions for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed insofar as appealed from, with costs, the motions are denied, and the complaint is reinstated.

There exists a triable issue of fact as to whether the plaintiff sustained a “serious injury” within the meaning of Insurance law § 5102 (d).…