Frasier v. James

—In an action to recover damages for personal injuries, the defendants Tina Hande and Christopher G. Hande appeal from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated May 31, 2002, as denied their 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).

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants failed to establish, prima facie, that the plaintiff did not sustain a serious injury…