Alexander v. Gordon

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Bayne, J.), dated March 11, 2011, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff Jeannie Alexander did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and denied, as untimely and academic, their cross motion, in effect, for summary judgment on the issues of serious injury and liability.

Ordered that the order is modified, on the law, (1) by deleting the provision…