Swed v. Pena

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated February 13, 2009, as denied those branches of their motion which were for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) because he did not sustain a “permanent consequential limitation of use of a body organ or member” or a “significant limitation of use of a body function or system.”

Ordered that the…