Meireles v. Lakeland Central School District

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Gurahian, J.), entered March 25, 1993, which denied their motion for summary judgment dismissing the complaint based on the plaintiff’s failure to establish "serious injury” pursuant to Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The affidavit of the plaintiff’s treating physician, Dr. Walter Szpur, indicated that on January 11, 1993, almost 18 months after the accident, there was a 40% deficit in the range of motion of plaintiffs…