Scott v. Albord

In an action to recover damages for personal injuries, etc., the defen*368dant appeals from an order of the Supreme Court, Kings County (Pincus, J.), dated October 17, 2001, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff Cyra Scott did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

Contrary to the defendant’s contentions, the Supreme Court properly denied his motion for summary judgment. The defendant’s papers in support of his motion failed to establish that the…