Washington v. Mercy Home for Children

—In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Huttner, J.), dated August 28, 1995, as denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

There is an issue of fact as to whether the plaintiff sustained a "serious injury” within the meaning of Insurance Law § 5102 (d). The doctor’s affirmation submitted in opposition to the defendants’ motion for summary judgment stated…