Thomas v. Joyner

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), entered March 13, 1996, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In support of his motion for summary judgment, the defendant submitted reports from the injured plaintiffs’ treating physicians which clearly indicated that the plaintiffs had satisfied the "serious injury” requirement of Insurance Law § 5102 (d). Accordingly, the defendant’s motion papers "failed to establish a…