Patten v. Hernandez

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Agate, J.), dated October 28, 2009, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) and denied, as academic, her cross motion for summary judgment on the issue of liability.

*740Ordered that the order is affirmed, with costs.

The plaintiff was operating her motor vehicle in the southbound roadway of Marcus Avenue, in New Hyde Park, when…