Alvarez v. Wong

—In an action, inter alia, to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (G. Aronin, J.), dated April 21, 1999, which denied their motion for summary judgment dismissing the complaint on the ground that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The notice of appeal from the decision dated January 13, 1999, is deemed a premature notice of appeal from the order (see, CPLR 5520 [c]).

Ordered that the order is reversed, on the law, with costs, and the motion is granted,…