Barrett v. Jeannot
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants David Jeannot and Menz Smith appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Ruchelsman, J.), dated June 2, 2004, as granted the plaintiffs motion for leave to reargue their prior motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), which was granted in an order of the same court dated February 9, 2004, and, upon reargument, vacated…
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