Kante v. Diarrassouba

Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered September 14, 2007, which denied defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a “serious injury” within the meaning of Insurance Law § 5102 (d) and denied plaintiffs cross motion for partial summary judgment on the issues of liability and “serious injury” and to strike defendants’ affirmative defenses, unanimously modified, on the law, defendants’ motion granted, and otherwise affirmed, without costs. The Clerk is directed to enter judgment dismissing the…