Thompson v. Cochran

In an action to recover damages for personal injuries, the defendant Howard L. Jones appeals from an order of the Supreme Court, Nassau County (Ain, J.), entered September 25, 1997, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him on the ground that the plaintiff did not sustain a serious injury as defined in Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, the appellant’s motion for summary judgment is granted, the complaint insofar as asserted against him is dismissed, and the action against the…