Nixon v. Muntaz

*330In an action to recover damages for personal injuries, the defendant Michael Johnson appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated February 28, 2003, as 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 within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the…